X have 10 acres of agricultural land in the vicinity of Trupati town. Due to scarcity of water, he could not do agriculture for 3 years. The municipal corporation declared that the land as vacant land under the Urban Land (Ceiling and Regulation) Act. Decide.

 

Issue:

1. Whether the declaration by the municipal corpon. is valid? YES

2. Whether X is bound by urban land ceiling limits? YES

Rule:

Section 3 of the Urban Land (Ceiling & Regulation Act), 1976: Persons not entitled to hold vacant land in excess of the ceiling limit: No person shall be entitled to hold any vacant land in Excess of the ceiling limit in the territories to which this Act applies Section 4(1) Subject to the otheer provisions of this Section, in the case of every person, the ceiling limit shall be;

a) where the vacant land is situated in an urban agglomeration falling within category A specified in Schedule I, five hundred square meters. Section 2(O) urban land means; i) any land situated within the limits of an urban agglomeration and  referred to as such in the master plan' Etc.

Application:

This problem is related to the Ceiling on vacant land. The Urban Land ( Ceiling & Regulation Act), 1976 was enacted in 1976 to impose a ceiling on vacant land in urban areas. The idea was to give impetus to mass housing, especially for the urban poor.

The Act fixed a ceiling on the vacant urban land that a 'person' in urban agglomerations can acquire and hold. A person is defined to include an individual, a family, a Company, or an association or body of individuals, whether incorporated or not. This ceiling limit ranges from 500-2000 square meters. Excess vacant land is either to be surrendered to the competent authority appointed under the Act for a small compensation, or to be developed by its holder only for specified purposes. The government acquired any land owned in excess of the prescribed limit by following a specific method of calculation, which was based on the income the acquired land was able to generate.

Conclusion:

In the instant problem, the declaration by the municipal corporation is valid. Excess vacant land is either to be surrendered to the competent authority appointed under the Act for a small compensation, or to be developed by its holder only for specified purposes. Hence X is bound by urban land ceiling limits.

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