STATE OF UTTAR PRADESH Vs. L J JOHNSON

JUDGEMENT

(1.) Wedded to the ideal of achieving a socialist pattern of State and building up an egalitarian society as mandated in the Preamble of the Constitution of India and incorporated hi the directive principles contained in Part IV, which are indeed the heart and soul of the Constitution as held by this Court on several occasions, the Central Government brought forth the present legislation called the Urban Land (Ceiling and Regulation) Act, 1976 (Act 9 No. 33 of 1976) (hereinafter referred to as the 'Act'). To avoid anomalies and controversies, inequalities and inconsistencies, the Central Government obtained the consent of the State Governments so as to pass a central law which would apply equally to all the States. The Act applies to the States and Union Territories and contains a schedule (Schedule I) in which the ceiling of urban areas has been mentioned and which differs from area to area in various States and Union territories to which the Act applies.

(2.) In the first phase at the hearing of the appeals, the constitutional validity of the Act was challenged but the Constitution Bench upheld the validity of the Act in the case of Union of India v. V. B. Choudhary (1979) 3 SCR 802. It is therefore manifest that the challenge to the Act no longer survives.

(3.) The Act was sought to be implemented by the States which empowered the competent authority to determine with the ceiling area in accordance provisions of the Act and take over the excess land. In due fairness to the citizens, the Act provides an appeal to a judicial authority (District Judge) to examine the correctness of the decision of the competent authority.