K.P.Singh, J. - (1.) THIS writ petition arises out of proceedings under Section 8 of the Urban Land (Ceiling and Regulation) Act regarding the excess vacant land held by Aftab Ahmad Khan. A large number of objections were preferred by the contesting opposite party under Section 8(3) of the said Act. The Competent Authority through its judgment dated 21 - -10 -78 negatived the contention raised on behalf of the contesting opposite party and confirmed the draft statement and declared excess vacant land to the extent of 480 -40 sq. meters. Against the judgment of the Competent Authority the contesting opposite party had preferred an appeal which was allowed by the appellate authority through its judgment dated 1 -9 -79. Against the judgment of the appellate authority the Petitioners have approached this Court under Article 226 of the Constitution.
(2.) THE only point raised on behalf of the Petitioners before me that the appellate authority has misconstrued the provisions of section 19(1)(iv) of the Urban Land (Ceiling and Regulation) Act and has arrived at a patently erroneous conclusion without any evidence on record on the essential ingredients of the aforesaid section. Section 19(1)(iv) of the above mentioned Act reads as below: Subject to the provisions of Sub -section (2) nothing in this Chapter shall apply to any vacant land held by any public charitable or religious trust (including waqf) and required and used for any public charitable or religious purposes: Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust;
(3.) THE Competent Authority did not accept the claim of the contesting opposite party regarding the waqf property as is evident from the discussions contained in paragraph 4 of the judgment of the Competent Authority. The Competent Authority has also referred to section 19(2) of the above Act which reads as below: The provisions of Sub -section (1) shall not be construed as granting any exemption in favour of any person, other than an authority institution or organisation specified in Sub -section (1), who possesses any vacant land which is owned by such authority, institution or organisation or who owns any vacant land which is in the possession of such authority, institution or organisation.;