Case Note & Summary
The petitioner, Ningaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents not to initiate any proceedings against him under the Urban Land (Ceiling & Regulation) Act, 1976 (the Act) in respect of 21 guntas of land in Sy.No.235/2 of Hebbal Village, Mysore Taluk and District. The background reveals that the petitioner's elder brother, Doddaiah, had filed a statement on 16.09.1976 under Section 6 of the Act giving details of vacant land he held in excess of the ceiling limit. The Competent Authority surveyed the land and served a draft statement on 20.08.1983 under Section 8(1) calling for objections within 30 days. Doddaiah filed objections on 13.09.1983. The Competent Authority found that Doddaiah was holding excess land in Sy.Nos.235/2 and 235/3, measuring 1939.93 sq.mtrs. and 10218.67 sq.mtrs. respectively, and passed a final order under Section 8(4) on 22.10.1984. Subsequently, a notification under Section 10(1) was issued on 12.03.1985 and published in the Karnataka Gazette on 25.04.1985, giving particulars of the vacant land held by Doddaiah. The Court, after considering the facts, held that since the proceedings under the Act had already been concluded against Doddaiah in respect of the same land, the respondents cannot initiate fresh proceedings against the petitioner. The petition was allowed with a direction to the respondents not to initiate any proceedings against the petitioner under the ULC Act in respect of the said land.
Headnote
A) Urban Land Ceiling - Surplus Land - Finality of Proceedings - Sections 6, 8, 10 of Urban Land (Ceiling & Regulation) Act, 1976 - The petitioner sought a direction to the respondents not to initiate proceedings under the ULC Act in respect of 21 guntas of land in Sy.No.235/2 of Hebbal Village, Mysore. The Court held that since the petitioner's brother Doddaiah had already filed a statement under Section 6, objections were considered, a final order under Section 8(4) was passed on 22.10.1984, and a notification under Section 10(1) was issued on 12.03.1985 and published on 25.04.1985, the proceedings against the petitioner in respect of the same land are not permissible. (Paras 1-3)
Issue of Consideration
Whether the petitioner can be subjected to proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 in respect of land that was already declared as surplus in the name of his brother and for which a notification under Section 10(1) was issued.
Final Decision
The petition is allowed. The respondents are directed not to initiate any proceeding against the petitioner under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 in respect of 21 guntas of land in Sy.No.235/2 of Hebbal Village, Mysore Taluk and District.
Law Points
- Urban Land Ceiling Act
- Section 6
- Section 8
- Section 10
- Statement of objections
- Final order
- Notification
- Surplus land
- Competent Authority
Case Details
2013 LawText (KAR) (06) 16
Writ Petition No.47989/2012 (ULC)
Smt. P.C. Vinitha for petitioner, Sri K.A. Ariga for respondents
The State of Karnataka, The Special Deputy Commissioner
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents not to initiate proceedings under the Urban Land (Ceiling & Regulation) Act, 1976.
Remedy Sought
Direction to respondents not to initiate any proceeding against the petitioner under the ULC Act in respect of 21 guntas of land in Sy.No.235/2 of Hebbal Village, Mysore Taluk and District.
Filing Reason
The petitioner apprehended that the respondents may initiate proceedings under the ULC Act against him in respect of land that was already the subject of proceedings against his brother Doddaiah.
Previous Decisions
The Competent Authority had passed a final order under Section 8(4) on 22.10.1984 against Doddaiah and issued a notification under Section 10(1) on 12.03.1985, published on 25.04.1985.
Issues
Whether the respondents can initiate proceedings under the ULC Act against the petitioner in respect of land that was already declared surplus in the name of his brother and for which a notification under Section 10(1) was issued.
Submissions/Arguments
The petitioner argued that since the proceedings under the ULC Act had already been concluded against his brother Doddaiah in respect of the same land, the respondents cannot initiate fresh proceedings against him.
Ratio Decidendi
Once proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 have been concluded against a person in respect of a particular land, the same land cannot be subjected to fresh proceedings against another person, as the Act provides for a final determination of surplus land.
Judgment Excerpts
Doddaiah, son of Kempaiah, the elder brother of the petitioner, had filed a statement on 16.09.1976, giving details of the vacant land he was holding in excess of the ceiling limit prescribed under the Urban Land (Ceiling & Regulation) Act, 1976, as provided under S.6 of the Act.
The Competent Authority found that Doddaiah was holding excess land in Sy. Nos.235/2 & 235/3, measuring 1939.93 sq.mtrs. and 10218.67 sq.mtrs. respectively and an order to that effect was passed under S.8(4) of the Act, on 22.10.1984.
The Competent Authority issued a Notification dated 12.03.1985, under S.10(1) of the Act, which was published in the Karnataka Gazette dated 25.04.1985, giving the particulars of the vacant land held by Doddaiah.
Procedural History
The petitioner's brother Doddaiah filed a statement under Section 6 of the ULC Act on 16.09.1976. The Competent Authority served a draft statement under Section 8(1) on 20.08.1983. Doddaiah filed objections on 13.09.1983. The Competent Authority passed a final order under Section 8(4) on 22.10.1984. A notification under Section 10(1) was issued on 12.03.1985 and published on 25.04.1985. The petitioner then filed the present writ petition on an unspecified date, which was disposed of on 05.06.2013.
Acts & Sections
- Urban Land (Ceiling & Regulation) Act, 1976: 6, 8(1), 8(4), 10(1)
- Constitution of India: 226, 227
