S.NAINAR SUNDARAM - (1.)This Letters Patent Appeal is directed against the order of the learned single Judge in Special Civil Application No. 1735 of 1984. The petitioners in the Special Civil Application are the appellants in this Letters Patent Appeal. The respondents in the Special Civil Application are the respondents in this Letters Patent Appeal. Proceedings got prosecuted against the appellants under the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as the Act. Such proceedings have come up to the stage of taking possession of the surplus land, declared under the Act, as per Sec. 10(5) of the Act. There is no dispute that the appellants have moved the process under Sec. 21 of the Act desiring not to treat the excess vacant land as excess. The appellants challenged the proceedings under the Act by preferring the Special Civil Application. The primary contention that was placed for consideration before the learned single Judge who dealt with the Special Civil Application was that the application under Sec. 21 of the Act is pending and without disposing of the said application, there ought not be prosecution of further process under the Act. On behalf of the appellants herein, the petitioners in the Special Civil Application, reliance was placed on a pronouncement of a Bench of this Court in Nirmalaben v. State of Gujarat, 1984 (1) GLR 322, to state that it is the duty of the State to deal with the application for exemption first and then only proceed to resort to the other provisions of the Act. The learned single Judge opined that the decision of the Bench related to the provisions of Sec. 20 of the Act and hence the ratio of the decision could not be invoked and applied to a case where there is only an application under Sec. 21 of the Act. In this view, the learned single Judge did not countenance this contention and repelling the other contention that the excess is a very small piece of land, and hence there has got to be exclusion of this piece of land from the purview of the Act, rejected the Special Civil Application.
(2.)Mr. G. N. Desai, learned Counsel appearing for the appellants submits that the concept entertained by the learned single Judge that the ratio of the Bench in Nirmalaben v. State of Gujarat, 1984(1) GLR 322 could not be invoked in respect of an application under Sec. 21, is not a sound one and both Secs. 20 and 21 in substance only deal with the question of taking away the concerned extent of the land from the purview of the Act and when that question is subjudice by the application for reliefs under either of the provisions pending, there ought not have been further prosecution of the other processes under the Act. It is true that the Bench in Nirmalaben v. State of Gujarat, 1984(1) GLR 322 was concerned with the case where an application under Sec. 20 of the Act for exemption was taken and was pending at the time when the further processes under the Act were prosecuted. But we find that there is no warrant to make a distinction between a case where an application under Sec. 20 is pending and a case where an application under Sec. 21 is pending. Section 20 deals with the general power to exempt. Section 21 deals with the power to treat and declare as not excess land even though the person holds the land in excess of the Ceiling limit, in the contingencies set forth therein. The provisions of Sees. 20 and 21 of the Act stand extracted below :
"Sec. 20. Power to exempt :- 0) Notwithstanding anything contained in any of the foregoing provisions of this Chapter- (a) where any person holds vacant land in excess of the ceiling limit and the State Government is satisfied, either on its own motion or otherwise, that, having regard to the location of such land, the purpose for which such land is being or is proposed to be used and such other lelevant factors as the circumstances of the case may require, it is necessary or expedient in the public interest so to do, that Government may, by order, exempt, subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter; (b) where any person holds vacant land in excess of the ceiling limit and the State Government, either on its own motion or otherwise, is satisfied that the application of the provisions of this Chapter would cause undue hardship to such person, that Government may, by order, exempt subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter: Provided that no order under this clause shall be made unless the reasons for doing so are recorded in writing. (2) If at any time the State Government is satisfied that any of the conditions subject to which any exemption under clause (a) or clause (b) of sub-sec. (1) is granted is not complied with by any person, it shall be competent for the State Government to withdraw, by order, such exemption after giving a reasonable opportunity to such person for making a representation against the proposed withdrawal and thereupon the provisions of this Chapter shall apply accordingly. Sec. 21. Excess vacant land net to be treated as excess in certain cases :- (1) Notwithstanding anything contained in any of the foregoing provisions of this chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in such form and in such manner as may be prescribed before the competent authority that such land is to be utilised for the construction of dwelling units seach such dwelling unit having a plinth area not exceeding eighty square metres) for the accommodation of the weaker sections of the society, in accordance with any scheme approved by such authority as the State Government may, by notification in the Official Gazette, specify in this behalf, then, the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purposes of this chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribed, including a condition as to the time limit within which such buildings are to be constructed. (2) Where any person contravenes any of the conditions subject to which .the permission, has been granted under sub-sec (1), the competent authority shall, by order, and after giving such person an opportunity of being heard, declare such land to be excess land and theieupon all the provisions of this chapter shall apply accordingly."

(3.)If the power to exempt is exercised under Sec. 20 of the Act, the land does not come within the purview of Chapter III of the Act. The implication of an order, if that comes to be made under Sec. 21 of the Act, is that though there is vacant land in excess of the ceiling limit, yet it would not be treated as excess, for the purposes of Chapter III of the Act. That chapter is the blood stream of the Act and it contains the operative provisions for ceiling on vacant land. The result of the order under either of the Sees. 20 or 21 is the land goes out of the mischief of Chapter III of the Act. The result is one and the same though the process and the scope of the consideration may be different. The opinion of ours has got a limited scope to answer the present question as to whether there could be prosecution of further processes under the Act, when an application under either of the provisions is pending and is awaiting decision. Otherwise there is bound to be difference with regard to the scope of the consideration of the matter under the provisions.