B. C. Ray, J. - (1.) The petitioner who is the owner of several buildings and also owner of ponds, jhils and vacant lands within the urban agglomeration in mouzas Panihati and Kasba in the district of 24 Parganas as well as owner of building with vacant land appurtenant to it in the city of Calcutta have filed this writ petition assailing the validity of the orders dated October 28. 1978 made by the Deputy Secretary, Government of West Bengal as well as the order dated December 13, 1978 issued under memo No. 2893/ULC/BKP by the Competent Authority, Barrackpore under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976.
(2.) The petitioner filed on September 28, 1976 a statement under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 before the Competent Authority specifying therein all vacant lands in his possession including lands whereon there are buildings and dwelling houses. The petitioner also mentioned in the said statement the location and valuation of the land and the building. On the same day, that is, on 28th September, 1976 the petitioner made an application before the competent authority claiming exemption under Section 20 of the said Act on the grounds, inter alia, that the lands appartaining to premises No. 6, Mandevill Gardens were necessary for the beneficial use and enjoyment of the building standing thereon and that the building, shed, structures comprising in the lands situated in mouza Panihati were also required to be exempted under the provisions of the Act. It has also been stated therein that the lands in mouza Kasba are marshy lands covered with water and used for cultivation as well as for culturing and rearing fishes. As such those are not vacant lands within the meaning of the provisions of the said Act. Exemptions were also claimed in respect of some lands recorded as agricultural lands.
(3.) On January 10, 1977, the Deputy Secretary to the Government of West Bengal, the respondent No. 2, issued a letter under Memo No. 343/UL/IL 706/76 intimating the petitioner that his application for exemption of excess vacant lard could not be considered unless certain particulars mentioned therein were furnished. The petitioner was accordingly requested to furnish the requisite particulars as mentioned in the said letter. On March 29, 1978, the petitioner sent a letter to the respondent No. 2 stating inter alia that he submitted all the papers for considering his application regarding exemption of excess vacant land made under Section 20 of the said Act but he did not receive any intimation from the respondent No. 1 in this respect. He, however, submitted the particulars required for considering the application for exemption of the excess vacant land. This has been marked as annexure 'C' to the writ petition. Thereafter on May 29, 1978, a notice dated May 27, 1978 under Section 8(3) of the said Act enclosing a draft statement was received by the petitioner from the competent authority and the sub-divisional officer, Barrackpore, the respondent No. 1, whereby the petitioner was directed to file his objection, if any, against the said draft statement within a period of 30 days from the date of the receipt of this notice before the competent authority. This notice has been annexed as annexure 'B' to the petition.;