Sudhir Narain, J. - (1.) The petitioner seeks writ of certiorari quashing the notice dated 31.3.1998 issued by the Competent Authority. Urban Ceiling, Meerut. asking the petitioner to deliver the possession of the land which has been declared as excess vacant land.
(2.) The facts in brief are that a notice was issued to the petitioner by the competent authority under sub-section (3) of Section 8 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'), indicating that the petitioner has excess vacant land. The petitioner filed objection stating that the disputed land was agricultural land. The competent authority rejected the objection vide order dated 5.11.1983 declaring 10850. 77 sq. mtrs. surplus land. The petitioner preferred an appeal before the District Judge under Section 33 of the Act. The District Judge dismissed the appeal on 5.11.1983. It was found that in the Master Plan, plot Nos. 246 and 354 were shown for residential purpose and other non-agricultural purpose. The petitioner filed Writ Petition No. 15190 of 1988. The writ petition was dismissed on 18th September, 1995.
(3.) The State Government issued a notification under sub-section (1) of Section 10 of the Act intimating that the vacant land held in excess with the petitioner is sought to be acquired. The petitioner did not file any objection to such notification. Another notification was published in the Gazette on 8.10.1988 under sub-section (3) of Section 10 of the Act declaring 10850.77 sq. mtrs. as excess vacant land of the petitioner. The acquisition of the excess vacant land became final. The petitioner was issued a notice on 30.3.1988 under sub-section (5) of Section 10 of the Act by the Competent Authority asking the petitioner to deliver possession of the land in question. The petitioner has challenged this notice in the present writ petition.;