RAJEEV MISRA, J. - (1.) Petitioner Jawahar Lal Jaiswal has filed present writ petition challenging order dated 18.09.1985 passed by respondent no.2, Competent Authority, Urban Land Ceiling, Allahabad in Case No. 452 of 1976 (State Vs. Jawahar Lal), the order dated 14.07.1997 passed by Respondent No.3, District Judge, Allahabad in Urban Ceiling Appeal No.228 of 1994 (Jawahar Lal vs. State of U.P. and another) dismissing appeal filed by Petitioner under Section 33 of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as Act 1976) and also order dated 23.03.1998 passed by Respondent No.3, District Judge, Allahabad dismissing review application filed by Petitioner against order dated 14.07.1997. Apart from aforesaid, Petitioner has also prayed for issue of appropriate direction to Respondent No.3 to decide appeal filed by Petitioner and further not to give effect to order dated 18.09.1985 and also restrain Respondents from interfering with possession of Petitioner over land in dispute.
(2.) It transpires from record that Petitioner is lease holder of premises No. 4 (Old No.) now premises no. 6 (New No.) Drummond Road, Allahabad.
(3.) Act of 1976, came into force on 17.2.1976. By means of Act 1976, a ceiling limit regarding land which can be held by a Tenure Holder was provided. Section 4 of Act 1976 provided for different ceiling limits in different Urban Agglomerations falling in different categories. Section 6 mandates that every person who is holding land in excess of concerned ceiling limit shall file an statement before competent authority regarding land held by him. After the statement has been filed by Tenure Holder, competent authority under section 6 of Act 1976 after such survey, as it may deem fit to make, shall prepare a draft statement in respect of person who has filed the statement. Thereafter in compliance of section 8 of Act 1976, Competent Authority is required to issue a draft statement to Tenure Holder as regards vacant land held by him in excess of ceiling limit. In turn by virtue of sub section (4) of section 8, Tenure Holder is required to file his objections to draft statement within a period of 30 days from date of service of draft statement/notice under section 8 of Act 1976. After disposal of objections preferred by Tenure Holder, Competent Authority is required to decide the same. Thereafter as per section 9 of Act 1976, Competent Authority is required to prepare final statement determining vacant land held by a Tenure Holder in excess of ceiling limit. Section 9 further provides that final statement shall be served on Tenure Holder as per the procedure provided under section 8 (3) of Act 1976. Section 10 of Act 1976 contemplates that after service of final statement prepared under section 9 of Act 1976, Competent Authority shall cause a notification to be published in Official Gazette of the State concerned regarding land held by such person in excess of ceiling limit. The notification is to further state that such vacant land is to be acquired by concerned State Government and claims of all person interested in such vacant land may be made by them personally or by an Agent giving particulars of the nature of their interests in such land. Sub section (2) of section 10 provides for disposal of objections preferred by such person who claims interest in the land proposed to be acquired. Sub section (3) of section 10 contemplates deemed acquisition of excess vacant land of Tenure Holder and vesting of same in the State Government, free from all encumbrances. Sub section (4) of Section 10 puts a rider on the Tenure Holder whose land has been declared as excess vacant land or any other person not to transfer any excess vacant land or part thereof by way of sale, mortgage, gift, lease or otherwise. Sub section (5) of section 10 provides that after the land declared as excess-vacant land has vested in State Government, Competent Authority may by notice in writing order any person who may be in possession of excess-vacant land declared surplus, to surrender or deliver possession thereof to State Government or to any person duly authorised by State Government in this behalf within 30 days from the date of service of notice issued under section 10 (5). Thus, section 10 (5) of Act 1976 contemplates voluntary surrender of possession upon notice by a Tenure Holder. Sub Section (6) of section 10 provides that upon failure to comply with an order made under sub section (5) of section 10 i.e. failure to surrender possession voluntarily, Competent Authority may forcibly take possession of land declared as excess-vacant land. Section 11 of Act 1976, provides for payment of compensation in lieu of land acquired upon declaration as excess-vacant land. Section 12 provides for the constitution of Urban Land Tribunal and an appeal to Urban Land Tribunal against an order passed by Competent Authority under section 11 of Act 1976. Section 33 of Act 1976 provides for an appeal against an order passed by competent authority except an order passed under section 11 or under sub-section (1) of Section 30. ;