- (1.) This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad dated August 31, 1979 in Civil Misc. Writ Petition No. 4994 of 1975 filed by the appellant. The said writ petition related to proceedings for determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act').
(2.) The Act has been enacted by the U.P. State legislature to provide for the imposition of ceiling on land holdings in Uttar Pradesh and certain other matters connected therewith. In Section 4 of the Act provision is made for calculation of ceiling area. Section 5 provides for imposition ceiling on existing holdings. Sections 6 to 8 provide for exemption of certain lands from the imposition of ceiling. Section 9 provides for issue of a general notice by the Prescribed Authority calling upon every tenure-holder holding land in excess of the ceiling area to submit to him a statement in respect of all his holdings. Section 10 lays down that in every case where a tenure-holder fails to submit a statement or submits an incorrect statement the Prescribed Authority shall, after making such enquiry as he may consider necessary cause to be prepared a statement indicating the plot or plots proposed to be declared as surplus land and thereupon cause to be served on every such tenure-holder a notice together with a copy of the statement thus prepared calling upon him to show cause, within a period specified in the notice, why the statement be not taken as correct. Section 11 provides for determination of surplus land by the Prescribed Authority in cases where no objection is filed within the period specified in the notice issued under, Section 10. Section 12 provides for determination of surplus land by the Prescribed Authority in cases where an objection has been filed. Section 13 makes provision for appeal against the order passed by the Prescribed Authority under Section 11 or S. 12.
(3.) In 1972 it was decided to lower the ceiling limit and to make further provisions with regard to transfers in anticipation of the imposition of ceiling. The U.P. State legislature enacted the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, U.P. Act 18 of 1973 (hereinafter referred to as 'the 1973 Act' which came into force on June 8, 1973. By the 1973 Act Sections 3 to 8 were substituted and other amendments were made in the Act. Certain further amendments were made in the Act by the U.P. Act 2 of 1975. Among the amendments introduced by the Amendment Act of 1975 was insertion of Explanation I and Explanation II after sub-section (1) of S. 5 as substituted by the 1973 Act. U. P. Act 2 of 1975 was brought into force with effect from June 8, 1973.;