In Brief
The appellants purchased land in Kolkata (3429 sq.m.) and applied for building permission under the Calcutta Municipal Corporation. Before approval was granted, the Urban Land (Ceiling and Regulation) Act came into force. The State declared 2929 sq.m. as 'excess vacant land' subject to acquisition. The appellants challenged this, arguing that building regulations permitted construction on only 50% of the land, so 50% should be excluded under Section 2(q)(i) of the Act. The Supreme Court noted a conflict between two precedents: Johnson favoured broad exclusion of unconstructable land, while Billimoria supported excluding land where construction is restricted. Finding the conflict unresolved, the Court referred the matter to a Larger Bench for authoritative determination of 'vacant land' interpretation.
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