S.D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under the Urban Land (Ceiling and Regulations) Act, 1976, hereinafter referred to as the Act. Lt. Genl. K.B. Mehta Respondent No. 1 filed a statement under Section 6 of the Act in respect of his properties before the Competent Authority (Urban Land Ceiling), Meerut. Respondent No. 1 had two properties in new Delhi and one in Meerut. The competent authority by his order dated 24th July, 1982 declared 1680.44 square meters of land as surplus. This order of the competent authority was challenged by Lt General K.B. Mehta before the appellate court. The appeal came up for hearing before the District Judge, Meerut who by his order dated 5th February, 1983 allowed the appeal and held that there was no land with the Respondent No. 1 which could be declared as surplus. Aggrieved the State of U.P. has filed the present petition challenging the order of the District Judge, Meerut dated 5th February, 1983.
(2.) I have Heard the learned Standing Counsel for the Petitioner and Shri A.K. Yog, learned Counsel for Respondent No. 1, Lt. General K.B. Mehta. The only point urged by the learned Standing Counsel is that since the son of the Respondent No. 1 did not become major on 17th February, 1975, which should be taken as the relevant date, the land which came to the share of the son of Respondent No. 1 should have been clubbed with the Respondent No. 1 and as such the judgment of the appellate court was manifestly erroneous.
(3.) IT is not disputed that the elder son of Respondent No. 1 Sunil Mehta was born on 10th January, 1958. He became major on 10th January, 1976. In case the relevant date is taken as 17th February, 1975, then of course the share of Sunil Mehta had to be clubbed with the land belonging to Respondent No. 1. In case, however, the relevant date is taken as 17th February, 1976, then Sunil Mehta was also 18 years one month and seven days on that date and as such the land belonging to him could not be clubbed with the land of the Respondent No. 1 as he had become a major.;