Petitioners, at the outset, clarified that the Petitioners do not desire to press the prayer in the Petition seeking declaration about the provisions of the ULC Act, 1976 being not applicable and the proceedings being abated under Section 3(1)(a) of the ULC Repeal Act, 1999 in respect of the subject land i.e. land in Gut No.61/1 and 61/2 of Village Chitalsar, Manpada. However, it is his specific contention that in the wake of the revised order dated 20/11/1997 passed by the Competent Authority, the earlier two orders i.e. order dated 25/07/1985, which computed the surplus vacant land and further order dated 21/01/1986 granting exemption under Section 20 of the ULC Act, 1976 in respect of the surplus land so declared, do not survive and have no legal efficacy. According to him, for the purposes of ULC Act, 1976, only 114.72 sq. mtrs. is the surplus vacant land, for which the revised order dated 20/11/1997 directed the holder to obtain fresh exemption under Section 20 and had this exemption not been secured, the same would have been liable to be acquired. However, in the wake of the revised order, passed under Section 8(4) of the Act of 1999, the area of land held by M/s.Shah Malleable Castings Ltd. in Gut No.61/1 and 61/2 was recorded to be 54500.00 sq. mtrs. and according to Dr.Saraf the computation of surplus land was reworked by taking into consideration the total area held by the Company alongwith the permissible area available to it and computing the net open area after deducting the area under construction, area to be kept permanently open as well as as area under road, open area suitable for construction and 20% of area to be kept open as per Construction Regulation. Based upon the same, the excess area was computed as 114.72 sq.
