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1973 DIGILAW 338 (ALL)

Behari Lal v. Board of Revenue

1973-08-14

A.BANERJI, CHANDRA

body1973
JUDGMENT Chandra, J. - The sole question raised in this appeal is whether a piece of land held on lease executed prior to July 1, 1965 and upon which buildings have been erected and which buildings are still in existence would be an agricultural area as defined in Section 2(1) (d) of the U.P. Urban Areas Zamindari Abolition and Land Reforms Act. In S.P. Watel v. State of U.P., 1973 R.D. 189 the constitution Bench of the Supreme Court held that clause (d) aforesaid confines its operation to such areas which are the subject-matter of agricultural operations. Land which is covered by buildings and which are not improvements and land appurtenant to such buildings will be outside the perview of clause (d). In our opinion the point raised in the present appeal is directly covered by the decision Watel's case. The point has, therefore, to be decided against the appellant. No other point arises. 2. The appeal fails and is accordingly dismissed but without any orders to costs.