- (1.) Heard Sri J.J. Munir on behalf of writ petitioner Sri Arun Kumar Singh and Sri P.K. Singh, Advocate on behalf of Moradabad Development Authority as well as the learned Standing counsel.
(2.) This writ petition has been filed by five petitioners who claim to be the successor in interest of one Kesri. According to the petitioner, the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'Act' 1976) were initiated against Sri Kesri, with the service of notice under Section 8 of the Act 1876. Under the order dated 28th July, 1977 a total area of 3396.09 sq.mt., in the hands of Sri. Kesri was declared as surplus land. The surplus land was directed to be deducted from his land holding from Khasra/ Plot No. 799.
(3.) Subsequent to the determination of the surplus land in the hands of the Kesri, a notices under Sections 10(1) and 10 (3) were issued on 27.2.1978 and 28.10.1978 respectively copy whereof is enclosed as Annexure Nos. CA-6 and CA-7 to the affidavit filed on behalf of the Development Authority.;