STATE OF U.P versus NAND KUMAR AGGARWAL AND ORS.
Exemption from urban land ceiling depends on the main actual use of land on the appointed day. Since the land in question was mainly used for brick kiln business, not for agricultural purposes, it cannot be exempted regardless of entries in revenue records or master plan specification.
- Parties
- Appellant: State of U.P.; Respondents: Nandkumar Aggarwal and Others
- Jurisdiction
- India
- Judgment Date
- 19 November 1997
- Procedural Posture
- Civil Appeal / Decision on Appeal Against High Court Judgment
- Outcome
- appeal allowed
- Legal Topics
- Exemption From Urban Land Ceiling, Status of Land as Agricultural or Urban, Interpretation of Urban Land (ceiling & Regulations) Act Definitions
Case Brief
Summary, issues, holding and outcome
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Parties
State of U.P.
Appellant
Nandkumar Aggarwal and Others
Respondents
Procedural Posture
Civil Appeal / Decision on Appeal Against High Court Judgment
Legal Issues
- 1 Whether land used mainly for brick kiln business but entered as agricultural in revenue records and shown as agricultural in master plan is exempt from urban land ceiling under Urban Land (Ceiling & Regulations) Act, 1976
Ratio Decidendi
Exemption from urban land ceiling depends on the main actual use of land on the appointed day. Since the land in question was mainly used for brick kiln business, not for agricultural purposes, it cannot be exempted regardless of entries in revenue records or master plan specification.
Court Disposition
appeal allowed
Orders
- Impugned judgment of the High Court set aside.
- Decisions of Competent Authority and District Judge restored to the extent that land in village Para is not exempt from the Act.
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