- (1.)These appeals by special leave are filed against the common judgment in eight writ petitions on the file of the High Court of Gujarat. The respondents in these appeals i.e. the petitioners in the said writ petitions questioned the applicability of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) (hereinafter referred to as 'the Act') to several pieces of land belonging to them situated within the limits of the Ahmedabad Municipal Corporation. They raised three contentions before the High Court (i) that the Act was beyond the legislative competence of Parliament in so far as the State of Gujarat was concerned; (ii) that the lands in question were not vacant lands as defined in the Act and, therefore, the proceedings instituted in respect of them under the Act were liable to be quashed; and (iii) that the land acquisition proceedings under the Land Acquisition Act, 1894 which had been initiated in respect of the lands in question should be completed and the Land Acquisition Officer should be directed to pass awards in favour of the respondents. The writ petitions were resisted by the State of Gujarat and despite such opposition the High Court allowed the writ petitions. The High Court negatived the contention of the respondents regarding the legislative competence of Parliament to pass the Act in view of the decision in Union of India v. Valluri Basavaiah, 1979 (3) SCR 802; AIR 1979 SC 1415. The High Court, however, quashed the proceedings instituted under the Act in respect of the aforesaid lands which were pending before the Additional Collector and the Competent Authority, Ahmedabad. While the High Court declined to issue a writ in the nature of mandamus directing the Land Acquisition Officer before whom the proceedings commenced under the Land Acquisition Act, 1894 were pending as he had not been made a party to the writ petitions, it, however, made a declaration that the land acquisition proceedings did not suffer from any infirmity. Indirectly the High Court indicated that the land acquisition proceedings should be proceeded with. Aggrieved by the judgment of the High Court the appellants have filed these appeals by special leave.
(2.)The principal question which arises for consideration in this case is whether the lands in question are the lands to which the Act would apply. The Act came into force with effect from 17-2-1976. The object of the Act, as can be seen from its preamble, is to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the constructions of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good. Section 3 of the Act, which may be considered to be the key section of the Act, provides that except as otherwise provided in the Act, on and from the commencement of the Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which the Act applies under sub-sec. (2) of Sec. 1. The State of Gujarat is one of the States to which the Act has been made applicable by virtue of the provisions in sub-sec. (2) of Sec. 1 of the Act. The ceiling limit is prescribed by Sec. 4 of the Act. The expression 'vacant land' is defined in Sec. 2(q) of the Act thus :
"2(q). 'Vacant land' means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include -

(i) land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated;

(ii) in an area where there are building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day with the approval of the appropriate authority and the lard appurtenant to such building; and

(iii) in an area where there are no building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day and the land appurtenant to such building;

Provided that where any person ordinarily keeps his cattle, other than for the purpose of dairy farming or for the purpose of breeding of live-stock, on any land situated in a village within an urban agglomeration (described as a village in the revenue records), then, so much extent of the land as has been ordinarily used for the keeping of such cattle immediately before the appointed day shall not be deemed to be vacant land for the purposes of this clause."

(3.)Section 6 of the Act requires every person holding vacant land in excess of the ceiling limit at the commencement of the Act to file a statement before the competent authority having jurisdiction on the area in which the land is situated. Section 7 of the Act is ancillary to Sec. 6 of the Act. Section 8 of the Act provides for the preparation of the draft statement as regards the vacant land held by any person in execess of the ceiling limit and for calling for objections from the owner to the said statement. It also empowers the competent authority to consider the objections raised by the owner of the land and to pass such order as it deems fit. After the disposal of the objections the competent authority is required by Sec. 9 of the Act to make the necessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and to determine the vacant land held by the person concerned in excess of the ceiling limit. A copy of the draft statement as so altered is the final statement under Sec. 9 of the Act. After the service of the final statement prepared under Sec. 9 of the Act on the person concerned the competent authority is required to acquire the land held by the person concerned in excess of the ceiling limit in accordance with the procedure prescribed therein. Section 11 of the Act provides for payment of compensation in accordance with the principles contained therein. The Act contains provisions regarding the constitution of the Urban Land Tribunal and makes provisions for appeal to the Urban Land Tribunal and also a second appeal to the High Court. Section 19 of the Act provides that subject to the provisions of sub-sec. (2) thereof nothing in Chapter III of the Act would apply to vacant lands held by the Central Government or any State Government or any Local Authority or Corporation or other institution specified therein. Section 15 of the Act imposes ceiling limit on future acquisition of vacant lands also. It is not necessary to refer to the several other provisions in the Act except Sec. 42 thereof. Section 42 of the Act provides that the provisions of the Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a Court, Tribunal or other authority. Thus the Act is given an overriding effect.