JUDGMENT

Uday U. Lalit, J.

1. Delay condoned. Leave granted.

2. This appeal by special leave is directed against the judgment and order dated 12.11.2009 passed by the High Court of Judicature at Allahabad allowing Writ Petition No.46843 of 2005 preferred by respondent Nos.1 and 2 herein.

3. After the enactment of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act) imposing ceiling on vacant land in urban agglomerations, one Khairati who was Bhumidhar of Plot Nos.222 and 144 measuring area 25232.13 Sq. Meters at Village Rali Chauhan, Pargana, Tehsil & District Meerut, submitted a statement u/s 6 of the Act. On the basis of said statement, the Competent Authority after conducting necessary enquiry prepared a draft statement u/s 8(3) of the Act which was sent to the land holder inviting objections, if any. In due course, the Competent Authority proceeded to pass an order u/s 8(4) of the Act on 23.05.1983 confirming the draft statement declaring 25232.13 sq.mtrs. of land of said Khairati at Village – Rali Chauhan, Meerut as surplus land. No appeal was preferred against the order confirming the draft statement.

4. Thereafter, Notice u/s 9 of the Act alo