TMI Blog1993 (3) TMI 380X X X X Extracts X X X X X X X X Extracts X X X X ..... d the State of Uttar Pradesh against the Judgment dated 12.2.1980 of the District Judge, Aligarh in Land Ceiling Appeal No.24 of 1978. The competent authority declared that the appellant had 19813.83 sq. mts. of vacant land in Aligarh in excess of the ceiling limit but the District Judge reduced the area of the excess land to 6738.23 sq. mts. Against the order of the District Judge, both sides filed writ petitions. The High Court dismissed appellant's writ petition and partly allowed the writ petition of the State Government. This has led to the filing of these appeals against the High Court's order made in these two writ petitions against the appellant. Learned counsel for the appellant argued for restoration of the District Judge& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act came into force in the State of Uttar Pradesh on 17.2.1976 and there was no master plan for that area in Aligarh at that time. However, a master plan for Aligarh was made on 24.2.1980 wherein the land in dispute was shown. The High Court has taken the view that the appellant's land could not be treated as mainly used for the purpose of agriculture by virtue of Explanation (C) because it was shown in the master plan made on 24.2.1980. The correctness of this view has been challenged in these appeals. Some other provisions of the Act which are material for deciding this question may now be referred. Section 2 enacts that except as otherwise provided in the Act, on and from the commencement of the Act, no person shall be en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the Act supports the construction that the aforesaid Explanation (C) means that if the land has been specified in the master plan existing at the time of commencement of the the Act for a purpose other than agriculture, then the land shall not be deemed to be mainly used for the purpose of agriculture by virtue of the Explanation and not if the land is specified in a master plan prepared after the commencement of the Act. The plain language of Explanation (C) bears this construction and requires it to be so construed in order to harmonise it with the other provisions and scheme of the Act. Just as the holder of the land cannot by his subsequent actions reduce the area of the vacant land in excess of the ceiling limit the authorities t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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