ANAND PAL SINGH AND ORS. Vs. DIRECTOR OF DEFENCE LANDS AND CANTONMENTS (APPELLATE AUTHORITY) AND ORS.
LAWS(ALL)-1996-4-166
HIGH COURT OF ALLAHABAD
Decided on April 02,1996

Anand Pal Singh Appellant
VERSUS
Director Of Defence Lands And Cantonments (Appellate Authority) Respondents

JUDGEMENT

Ram Kishore Singh, J. - (1.) HEARD learned counsel for the petitioner at length and the learned Standing Counsel. The impugned judgment (Annexure 3 to the writ petition) has been criticised on several grounds but the main stress is that the constructed portion of the building of dwelling house of the petitioners should be excluded from the limit of 1500 sq.m. allowed to the petitioner. The learned Standing Counsel also concedes that the main dwelling portion of the petitioner's house is entitled to be retained by the petitioner and the limit of the vacant land is to be taken into consideration for calculating the excess land. The impugned order does not disclose that this aspect has been considered and taken notice of while allowing 1500 square meter land by the appellate authority in the impugned judgment annexure 3. Accordingly, this writ petition is partly allowed. The impugned order is modified to the extent that 1500 square meter land allowed to the petitioner to be retained will not include the area covered by the constructed dwelling house of the Petitioner.;


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