Holding

The exemption under Section 2(g) of the Urban Land (Ceiling and Regulation) Act, 1976 applies only to dwelling units; land occupied by industrial factories is not excluded and must be counted as vacant land.

Summary

The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities declared the appellant held excess vacant land, first 2121.65 sq m and later 1603.25 sq m after appeal. The appellant argued that land occupied by the factories should be excluded as "land appurtenant" under Section 2(g) and therefore no excess existed, while the State contended that the exemption applies only to residential dwelling units. The Supreme Court examined the definitions in Sections 2(b), 2(c), 2(g), 2(h), 2(o), 2(q) and the ceiling limit in Section 4(1)(c), holding that the exemption under Section 2(g) is limited to dwelling units and does not extend to industrial units. Consequently, the land used for factories is treated as vacant land and must be counted in the ceiling computation, and the appeal was dismissed.

Issues considered

Whether land occupied by industrial (factory) units is to be excluded as "land appurtenant" under Section 2(g) of the Urban Land (Ceiling and Regulation) Act, 1976 for the purpose of computing vacant land.
Whether the appellant holds excess urban land beyond the ceiling limit of 1500 sq m in Kanpur.

Legislation cited

Urban Land (Ceiling and Regulation) Act, 1976s. 2(b), s. 2(c), s. 2(g), s. 2(h), s. 2(o), s. 2(q), s. 4(1)(c), s. 6, s. 7, s. 8, s. 9

Subjects

Urban land ceilingVacant landLand appurtenantDwelling unitIndustrial landMaster planBuilding regulationsExcess landSection 2(g)Supreme Court

Judgment

(
I

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

JANUARY 23, 1996

B [K. RAMASWAMY, S. SAGHIR AHMAD AND
G.B. PATTANAIK, JJ.]

\
Urban Land (Ceiling and Regulation) Act, 1976:

C Sections 2, 6, 7, 8, 9,-f'erson in ''possession of excess urban
land-Dwelling unit''-''Vacant land''-Meaning and scope o~ppurtenant
land as per master plan and building regulations not exceeding 500 sq. mt. to
be excluded-Entire dwelling unit on total land of 501.64 sq. ml requires to
be excluded-Industrial units-Actual land used for factory purpose ex-
, eluded-Other land remaining vacant-To be computed under
D S.2(g)-Autlwrities directed to compute unit limit accordingly.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1526 of
1985.

From the Judgment and Order dated 12.11.84 of the Allahabad High
E Court in W.P. No. 8303 of 1980.

Mrs. Shiel Sethi for the Appellant.

K.S. Chauhan and A.K. Srivastava for the Respondents.

F The following Order of the Court was delivered :

This appeal has come up on reference dated November 28, 1995 to
this Bench for considering the question of law raised in this case.

This appeal by special leave arises from the order of the learned
G single judge of the High Court of Allahabad dismissing the writ petition
filed by the appellant who is the owner of vacant land in Kanpur Urban
agglomeration and disputes the computation of ceiling. Three plots of land
one bearing plot No. 113/41 Swarup Nagar to the extent of 501.64 sq.
meters on which he had built up. dwelling unit over 246.48 sq. meters; plot
H No. 123/430 to the extent of 2675.20 sq. meters situated in Fazalpur,
878
\
B.M. SURI v. DISTI. JUDGE 879

Kanpur over which he had constructed factory admeasuring 898.90 sq. A
meters; and a plot No. 123/35 in a total extent of 3251.10 sq. meters on
which he had construction over 1905.75 sq. meters of the land occupied by
the factory belong to the appellant. On a statement filed by the appellant
under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (for
short the Act), the Ceiling Authority after notice to the appellant after
B
. filing statement by the appellant under Section 7 of the Act prepared draft
statement under Sec1ion 8 and issued final statement under Section 9
declaring that the appellant is having urban excess vacant land to the extent
of 2121.65 sq. meters. On appeal the appellate authority held that the
appellant held 1603.25 sq. meters as surplus vacant land. As stated earlier
when the decision of the appellate authority was questioned in the writ c
Petition, the High Court upheld the appellate order. Thus this appeal by
special leave.

Smt. Shell Sethi, learned counsel for the appellant, contended that
under Section 2(b) read with section 2(h) of the Act, read with section D
2(g), when the appellant had constructed factories in accordance with the
master plan and the building regulations, entire area occupied by the
factory as per the building regulations shall be excluded in computing the
ceiling limit of the urban land by the appellant. If that is excluded, indis-
putably there is no excess land held by the appellant. The view of the High
Court is wrong in law. Shri Chauhan, the learned counsel appearing for the E
State, contended that Section 2(c) defines "ceiling limit" and as per section
4(1)(c) in relation to its application the Kanpur ceiling limit is 1500 sq.
meters. Section 2(o) read with section 2(q) defines "urban land" and
"vacant land" respectively. Section 2(q) excludes certain land. The land
occupied by the factory is not one of the lands exempted under section F
2(q). Consequentially, in computing the vacant land in the final statement
under section 2(g), the authorities are required to compute only that land
which stands excluded from the purview of the Act. Therefore, appellant's
excess vacant land would needs to be surrendered.

Having given our consideration to the respective contentions, the G
-. question that arises for consideration is whether the appellant has "in
possession of excess urban land". Section 2(b) defines "building regula-
tions11, means regulations contained in the master plan or the law in force
governing the construction of buildings. Section 2(c) defines "ceiling limit",
· means the ceiling specified in section 4. "land appurtenant" defined in H
880 SUPREME COURT REPORTS
(
(1996] 1 S.C.R.

A section 2(g). in relation to any building, means in an area where there are
building regulations, the minimum extent of land required under such
regulation to be kept as open space for the enjoyment of such building,
which in no case shall exceed 500 sq. meters of in an area where there are
no building regulations, an extent of 500 sq. meters contiguoos to the land
occupied by such building and includes, in the case of any building con-
B structed before the appointed day with a dwelling unit therein, an addition-
al extent not exceeding five hundred sq. meters of land, if any, contiguous
to the minimum extent referred to in sub-clause (i) or the extent referred
to in sub-clause (ii), as the case may be.

C Section 2(h) defines "master plan", in relation to an area where there
are building regulations, to mean the minimum extent of land required
under such regulations to be kept as open space for the enjoyment of such
building, which in no case shall exceed five hundred square metres; or an
area where there are no building regulations, an extent of five hundred
D square metres con,tiguous to the land occupied by such building. "Urban
land" has been defined in section 2( o), to mean "any land situated within
the limits of urban agglomeration and referred to as s:uch area in the master
plan and ... ". "Vacant land" has been defined in Section 2(q) and reads thus:

'"'Vacant land" means land, not being land mainly used for the
E purpose of agriculture, in an urban agglomeration, but does not
include.-

(i) land on which construction of a building is not permissible
under the building regulations in force in the area in which such
F land is situated.

(ii) in an area where there are building regulations, the land
occupied by any building which has been constructed before or is
being constructed on, the appointed day with the approval of the
appropriate authority and the land appurtenant to such building;
G and

(iii) in an area where there are no building regulations, the land
occupied by any building which has been constructed before, or is
being contructed on, the appointed day and the land appurtenant
H to such building.
i
B.M. SURI v. DISTI. JUDGE 881

ProVided that where any person ordinarily keeps his cattle, other A
than for the purpose of dairy farming or for the purpose of
breeding of livestock, on any land situated in a village within an
urban agglomeration "described as a village in the revenue
records, then so much extent of the land as has been ordinarily
used for the keeping of such cattle immediately before the ap-
pointed day shall not be deemed to be vacant land for the purposes
B
of this clause."

In Section 4 "ceiling limits" have been prescribed in sub-section (i)
clause (c) where such land is situated in an urban agglomeration falling
within category C specified in schedule - 1, 1500 sq. metres. It is an C
admitted position that in relation to application of the Act to the Kanpur
Urban agglomeration, Section 4(1)(c) is the result of ceiling limit by which
the holder is entitled to hold 1500 sq. meters of land. When the master
plan is in operation, the area within an urban agglomeration -0r any part
thereof, means the plan (by whatever name called)) prepared under any D
law for the time being in force or in pursuance of an order made by the
State Government for the development of such area or part thereof and
providing for the stages by which such development shall be carried out.
The construction shall be in accordance with Section 2(g) of the Act.

Section 2 (g) envisages as under : E
"land appurtenant", in relation to any building, means -
r •
(i) in an area where there are building regulations, the minimum
extent of land required under such regulations to be kept as open
space for the enjoyment of such building, which in no case shall F
exceed five hundred square metres; or.

(ii) in an area where there are no building regulations, an extent
of five hundred square metres contiguous to the land occupied by
such building.
G
and includes, in the case of any building constructed before the
appointed day with a dwelling unit therein, an additional extent
not exceeding five hundred square metres of land; if any, con-
tiguous to the minimum extent referred to in sub-clause (i) or the
extent referred to in sub-clause (ii), as the case may be." H
882 SUPREME COURT REP OR TS [1996] 1 S.C.R.
<
A Therefore, no person shall construct any building with dwelling unit
having plenth area, if the land falls in any category of schedule I. Sub-clause
(ii) of Section 2(g) says that no person shall construct any building with
dwelling unit in excess of 500 square metres. In other words the total extent
of the land to which he is entitled to construct within the vacant land would
B be not exceeding 500 square metres. In addition, he is entitled to the land
to be set apart as per the building regulation and the master plan, as
appurtenant land envisaged under Section 2(g) of the Act. Any btlilding I>

constructed period to the Act came into force, the holder is entitled to the I,

extent of 500 square metres of land as appurtenant land and in any case
not exceeding 500 square metres. This is referable to dwelling unit. "dwell-
C ing unit" has been defined in the Act in clause (e), would mean in relation
to a building or a portion of a building, means a unit of accommodation in
such building or portion used solely for the purpose of residence. In other
words, the exemption sought to be given for the land appurtenant is for
the building used for residential purposes of the said building and the
D holder of the land is entitled to retain the appurtenant land either as per
build.ing regulations or in any case not exceeding 500 square metres as
appurtenant land.

Section 2(g) defines "vacant land" to mean only land on which
construction of a building is not permissible under the building regulations
E in force in the area in which such land is situated; (ii) in an area where
there are building regulations, the land occupied by any building which has
been constructed before or is being constructed, on the appointed day with
the approval of the appropriate authority and the land appurtenant to such
building, (iii) in an area where there are no building regulations, the land
p occupied by any building which has been constructed before, or is being
constructed on, the appointed day and the land appurtenant to such
building. In other words, the vacant land is used for the building through
definition of the building occupied for reside~tial purposes as dwelling
units.

G Therefore, the building used for industrial purpose appears to have
not been included. Thereby the vacant land occupied by such industrial
units need to be included within the meaning of vacant land under the Act.
The authorities have, therefore, excluded the area occupied by the build-
ings in the factories and rest of the land was included as vacant land.
H However, with regard to plot No. 113/41, Swarup Nagar, though the actual
B.M. SURI v. DISIT.
;.
JUDGE 883

land is 501.64 square metres land occupied is 246.48 square metres. The A
appurtenant land ·as per the master plan and the building regulations
required to be excluded in any case not exceeding 500 square metres. Since
the total land is 501.64 square metres, the entire land under the building
regulations required to be excluded, since admittedly it is a dwelling unit.
With regard to other two plots on which industrial units are built up, the
B
actual land used for factory purposes were also excluded. Consequently,
the other land remains to be vacant land. Therefore, the said land becomes
to be vacant land for the purpose of the Act and thus requires to be
computed under Section 2(g) of the Act. In the final report, the authorities
are, therefore, directed to compute unit limit accordingly.
c
The learned counsel for the appellant had applied for exemption and
the same was rejected. It is ·stated that review petition has been filed. We
need not express any ~pinion about that.

The appeal is accordingly disposed of. No costs.
D
G.N. Appeal disposed of.