SH. BRIJ MOHAN SURI (DEAD) BY LRS. versus THE DISTT. JUDGE, KANPUR AND ORS.

SH. BRIJ MOHAN SURI (DEAD) BY LRS. versus THE DISTT. JUDGE, KANPUR AND ORS.

For a dwelling unit with total land 501.64 sq. meters, entire land is excluded as per master plan and building regulations. Regarding industrial units, only actual land used for factory purposes is excluded; remaining land is to be computed as vacant land under Section 2(g). Authorities are directed to compute the unit limit accordingly.

Parties
Appellant: SH. BRIJ MOHAN SURI (DEAD) BY LRS.; Respondents: THE DISTT. JUDGE, KANPUR AND ORS.
Jurisdiction
India
Judgment Date
23 January 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Order in W.p. No. 8303 of 1980
Outcome
Appeal disposed of.
Legal Topics
Urban Land Ceiling, Dwelling Unit, Vacant Land, Appurtenant Land, Industrial Unit, Ceiling Computation
Urban Property Law Urban Land Ceiling Dwelling Unit Vacant Land Appurtenant Land Industrial Unit Ceiling Computation

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Parties

SH. BRIJ MOHAN SURI (DEAD) BY LRS.

Appellant

THE DISTT. JUDGE, KANPUR AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Order in W.p. No. 8303 of 1980

Legal Issues

  1. 1 Whether appellant is in possession of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976?
  2. 2 How should 'dwelling unit', 'vacant land', and 'appurtenant land' be interpreted for ceiling computation, especially regarding industrial units and land excluded under master plan/building regulations?

Ratio Decidendi

For a dwelling unit with total land 501.64 sq. meters, entire land is excluded as per master plan and building regulations. Regarding industrial units, only actual land used for factory purposes is excluded; remaining land is to be computed as vacant land under Section 2(g). Authorities are directed to compute the unit limit accordingly.

Court Disposition

Appeal disposed of.

Orders

  • Authorities directed to compute unit limit under Section 2(g) accordingly.
  • No costs awarded.