A.Lala, J. - (1.) This writ petition has been made by a Company by the pen of the Executive Director, the petitioner No. 2 herein. The prayer of the writ petition is to withdraw, revoke, recall and/or cancel notification being annexure 'J' to the writ petition and pass an order of exemption under section 20(1 of the Urban Land (Ceiling and Regulation) Act, 1976 and various others consequential reliefs.
(2.) On 17th February, 1976 the Urban Land (Ceiling and Regulation) Act, 1976 came into force. It appears from the records that an application was filed under section 20 of the Act on 6th December, 1976 for exemption of excess vacant land. On 13th December, 1976 a statement was filed by the petitioner No. 1 before the authority under section 6(1) of the Act. On 12th August, 1981 a memo was issued by the Governmental Authority requesting the petitioner to remain present at site for enquiring in connection with the statement filed under section 6(1) of the Act. On 17th August, 1981 the petitioner No. 2 on behalf of petitioner No. 1 informed the Competent Authority requesting for the purpose of granting further time for hearing under section 6(1) of the Act and making a reference that they are going to make a revised application under section 20 of the Act before Special Secretary, Government of West Bengal within a week and a copy of which will be submitted to such Authority. However, it appears from the record that such revised application was received by the Authority on 18th September, 1981. On 14th September, 1981 an application was made for the necessary amendment of column 12 of annexure 'A' of the statement under section 6(1) of the Act. On 14th May, 1986 an application was filed before the Special Secretary with a copy to the Competent Authority under the Act for granting of exemption of excess vacant land etc. A draft statement under section 8(3) of the Act was issued by the Authority on 9th April, 1986 to the petitioner stating that there was an excess vacant land of 4105.48 sq. mt. The petitioners were called upon to file objection within thirty days from the service of such notice. From column 7 of part A of such draft statement enclosed with the letter speaks that no vacant land exempted under section 20 of the Act. However, an objection was filed on 5th May, 1986. A notification was issued on 11th February, 1987 under section 10(1) of the Act without finalisation of the draft statement on the basis of reply and/or objection of the petitioners and passing any order in connection with the application for exemption under section 20 of the Act. The petitioner has challenged the same by filing the writ petition immediately thereafter and obtained an interim order in connection with the impugned order. Although the respondent appeared as per the record and obtained directions for filing affidavit but neither any affidavit has been filed at least not in the record, nor appeared at the time of hearing the matter either under the heading 'old matters' or under the heading 'old adjourned matters' or for orders (old matters).
(3.) From section 8 sub-section (4) it is crystal clear that the competent authority shall duly consider any objection received but the same is not available in the present case. That apart section 9 speaks as follows: 9. Final Statement - After the disposal of the objections, if any, received under sub-section (4) of section 8, the competent authority shall make the necessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and shall determine the vacant land held by the person concerned in excess of the ceiling limit and cause a copy of the draft statement as so altered to be served in the manner referred to in sub-section (3) of the section 8 on the person concerned and where such vacant land is held under a lease, or a mortgage, or a hire-purchase agreement, or an irrevocable power of attorney, also on the owner of such vacant land.;