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Issues involved:
The judgment involves the interpretation of the Urban Land (Ceiling & Regulations) Act, 1976 regarding the exemption of agricultural land falling within the boundary of Lucknow Mahapalika. The main issue is whether the land in village Para, used for brick kiln business, should be considered surplus land under the Act. Details of the judgment: 1. Background and Competent Authority's Decision: After the Act came into force, the 1st respondent filed a return under Section 6(1) detailing properties, including land in village Para. The Competent Authority proposed this land as surplus under the Act. The 1st respondent appealed to the District Judge, who dismissed the appeal. Subsequently, the High Court held that the land in village Para was not surplus and remanded the matter to the Competent Authority for further determination. 2. Examination of Land Use: The key question was whether the land in village Para was mainly used for agricultural purposes when the Act came into force. The 1st respondent's affidavit stated the land was used for brick kiln business, which was a significant source of livelihood. The master plan of Lucknow indicated the land was within the urban limits. 3. Interpretation of Act Definitions: The Act's definitions of urban land, urbanisable land, and vacant land were crucial in determining the land's status. The High Court's reliance on the master plan and revenue records to classify the land as agricultural was deemed incorrect. The land was primarily used for the brick kiln business, not agriculture, as per the Act's provisions. Conclusion: The Supreme Court allowed the appeal, setting aside the High Court's judgment. The Competent Authority and District Judge's decisions were reinstated, confirming that the land in village Para was not exempt from the Act's provisions. No costs were awarded in the case.
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