K. C. Agarwal, J, - (1.) ;-
(2.) SMT. Saddiq Fatma, the mother of the petitioner, filed statement under section 6 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act) before the Competent Authority, Aligarh. After enquiry, the Competent Authority prepared a draft statement proposing to declare 4694.44 square metres as vacant land. SMT. Saddiq Fatma died on 26th April, 1977. The petitioner, thereafter, filed an objection on 27-2-1979 stating that the draft statement was wrong. As there was a sanctioned Scheme on the 17th February, 1976, i. e. when the Act was enforced, the entire covered area was entitled to exclusion under section 4 (9) of the Act. It was also alleged that under the approved and sanctioned map 851.S2 square metres was required to be left for the roads and parks for providing facilities to the occupiers of different dwelling units, as such, this area was liable to exclusion under section 2 (q) (i) of the Act. The competent authority partly allowed the objection holding that 9778.37 square metres was vacant land in excess to the ceiling limit of the deceased mother of the petitioner. The petitioner went up in appeal to the District Judge, Aligarh, who reduced the area to 3261.77 square metres. Aggrieved, the petitioner has come to this Court.
(3.) THE main contention of the petitioner's learned counsel was that on the death of Smt. Saddiq Fatma her rights in the properties were extinguished and got vested in him as well as in his sister. Accordingly, the ceiling limit prescribed by the Act is required to be decided with reference to the heirs and legal representatives of the deceased Smt. Saddiq Fatma and not on the basis that the property belong to her. THE learned counsel urged that the property belong to her. THE learned counsel urged that on the death of Smt. Saddiqu Fatma her rights lapsed. In order to test the correctness of this submission, a reference may be made to some of the provisions of the Act. Section 3 of the Act provides that on and from the commencement of this Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which this Act applies under sub-section (2) of Section 1 of the Act. Section 4 of the Act lays down the ceiling limit in respect of towns enumerated in Categories A to D Specified in Schedule 1.;