TMI Blog1997 (11) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... undary of Lucknow Mahapalika was exempt under the Urban Land (Ceiling Regulations) Act, 1976 (for short `the Act') Issue involved in this appeal is very narrow, After the enforcement of the Act of February 17, 1976 1st respondent filed return under Section 6(1) of the Act before the Competent Authority constituted under the Act. First respondent gave details of the properties and one such property was land measuring 16 Bighas 1 Biswa 7 Biswansis in village Para. The Competent Authority after examing the return sent a. draft statement to the 1st respondent showing the land in village Para as agricultural land. However, he proposed this land to be surplus land after applying the parameters fixed under the Act. In this appeal we are not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavit the 1st respondent stated that he was doing brick kiln business and had his Bhatta at village Para, tehsil and district Lucknow and that the brick kiln was covering an area of 16 Bighas 1 Biswa 7 Biswansis out of which brick kiln was actually operating in about 7 to 8 Bighas with brick kiln structure in 2 Bighas and 8 Bighas of land was still available for earth digging for the purpose of brick kiln. 1st respondent further said in this affidavit that the business of brick kiln had been carried out in his family from the time of his father and was one of the chief sources of his livelihood. He said under the Act the area covered by the brick kiln business was not specifically excluded but the Government had power to exempt the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the official Gazette, notification in the official Gazette, declared to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in that Schedule and the peripheral area therefor shall be one kilometre; (B) in relation to any other State or Union territory, means any area which the State Government may, which the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f agriculture, there is a building which is not in the nature of a farm-house then, so much of the extent of such land as is occupied by the building shall not be deemed to be used mainly for the purpose of agriculture: Provided further that if any question arises whether any building is in the nature of a farm-house, such question shall be referred to the State Government and decisions of the State Government thereon shall be final; (C) notwithstanding anything contained in Cl. (B) of this explanation, land shall not be deemed to be mainly used for the purpose of agriculture if the land has been specified in the master plan for a purpose other than agriculture; (p) urbanisable land means land situated within an urban agglomerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is situated within the peripheral area of the Municipal Corporation of Lucknow (Lucknow Nagar Mahapalika). the land is question will not be urban land if though situated within the limits of an urban agglomeration, it is mainly used for the purpose of agriculture. Operating of a Bhatta cannot certainly be an agriculture purpose, Mr. Rohtagi, learned counsel for the 1st respondent submitted that Explanation to clause (o) shows as what is not included in agriculture and since Bhatta is not one of the entries therein it would mean that operating Bhatta would be an agriculture purpose. We do not find any substance in the submission. It is correct that the land in question is entered in the revenue record but at the same time is entered shows ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
