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 Regulation) Act, 1976, hereinafter referred to as the Act. On 22 -8 -1984 the competent authority declared 934.93 square meters of land as surplus in the hands of the Petitioner. The Petitioner filed an appeal against the said order before the District Judge, Aligarh. This; was registered as Misc. Appeal No. 160 of 1984. In the appeal the Petitioner did not challenge the order of the Competent Authority on merits by which the competent authority had declared 934.93 square meters of land but the Petitioner submitted before the appellate court that the surplus land should not be taken from the land situate near Novelty Talkies but the same may be taken from the land of the Petitioner situated at Grand Trunk Road. The District Judge by order dated 24 -1 -1985 dismissed the appeal with the observations that the question of choice would be considered at the time of proceedings under Section 9 of the Act. The Petitioner has now challenged the order dated 24 -1 -1985 by means of the present petition.
(2.) I have heard the Learned Counsel for the Petitioner and Shri L.N. Pandey, learned Standing Counsel on behalf of the Respondents. Learned Counsel for the Petitioner has urged that the District Judge has acted illegally and with material irregularity in the exercise of jurisdiction in not modifying the order dated 22 -8 -1984 and directing the Petitioner to give has choice. Learned Standing Counsel, however, has further urged that the ultimate order passed by the District Judge is correct and it is not open to the Petitioner to give any choice now after proceeding under Section 6 of the Act have been finalised by the competent authority. According to the learned Standing Counsel the choice had to be given at the time when the statement is filed under Section 6(1) of the Act and since choice had not been given in that statement, the Petitioner cannot be permitted to exercise his choice at this stage now.
(3.) SECTION 6(1) of the Act provides that every person holding vacant land in excess of the ceiling limit at the commencement of this Act has to file a statement before the competent authority specifying the location, extent, value and such other particulars as may be prescribed of all vacant lands and of any other land on which there is a building, whether or not with a dwelling unit therein, held by him and also specifying the vacant lands within the ceiling limit which he desires to retain.;