I.M.Quddusi, J. - (1.) These are two writ petitions. The writ petition No. 479/93 has been filed by the petitioner against the rejection of application filed under Section 20 of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act") for exemption of excess land under the Act vide order dated 22.9.92. The other writ petition No. 27971/91 has been filed against the judgement and order dated 2.5.90 by means of which the appeal No. 222/98 (M/s. Gorakhpur Cold Storage Pvt. Ltd. v. State of U.P. & others filed under the Act, has been dismissed and the objection filed on behalf of the State Government has been allowed and the order dated 2.12.97 passed by the competent authority was set aside and the case (Ceiling case No. 390 & 540) was remanded back to decided afresh in accordance with the observations made in the body of the judgement.
(2.) The brief facts of the case are that some nazul land was taken by the Managing Director of the petitioner on lease from the State Government. The sale deed was signed by the Secretary to Government of U.P. Local Self Department on behalf of the Governor of Uttar Pradesh on 17.2.59 for the purpose of establishing a Cold Storage and house buildings thereto. It was specifically mentioned in the lease deed and the relevant portion of which is quoted as under: "Erect and complete on such parts of the said premises as are marked out on the plan hereto annexed a Cold Storage and out-buildings according to a plan and elevation to be approved by such Collector."
(3.) After coming into force of the Act the petitioner filed a statement under Section 61 of the Act. The total area of the land was shown as 15381.36 square meter. Thereafter a survey was made and an objection was filed against the report of surveyor on 16.9.83. Thereafter the proceedings were started w.e.f. 26.12.86 and a notice with a final statement under section 8 (3) of the Act was prepared and was sent to the heirs of late Purshottam Das as in the meantime he had died. In the said statement filed on 8.1.87 the total area was shown as 1550 Sq. meter and the excess land was mentioned as 13500 Sq. meter.;