4. Ceiling limit.- (1) Subject to the other 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 metres; (b) where such land is situated in an urban agglomeration falling within category B specified in Schedule I, one thousand square metres; (c) where such land is situated in an urban agglomeration falling within category C specified in Schedule I, one thousand five hundred square metres; (d) where such land is situated in an urban agglomeration falling within category D specified in Schedule I, two thousand square metres. (2) Where any person holds vacant land situated in two or more categories of urban agglomerations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,-- (a) one square metre of vacant land situated in an urban agglomeration falling within category A shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category B, three square metres of vacant land situated in an urban agglomeration falling within category C and four square metres of vacant land situated in an urban agglomeration falling within category D; (b) one square metre of vacant land situated in an urban agglomeration falling within category B shall be deemed to be equal to one and one-half square metres of vacant land situated in an urban agglomeration falling within category C and two square metres of vacant land situated in an urban agglomeration falling within category D; and (c) one square metre of vacant land situated in an urban agglomeration falling within category C shall be deemed to be equal to one and one-third square metres of vacant land situated in an urban agglomeration falling within category D. (3) Notwithstanding anything contained in subsection (1), where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf immediately before the commencement of this Act, then, the person holding such vacant land at such commencement shall be entitled to continue to hold such land for the purpose of group housing: Provided that not more than one dwelling unit in the group housing shall be owned by one single person: Provided further, that the extent of vacant land which such person shall be entitled to hold shall, in no case, exceed- (a) the extent required under any building regulations governing such group housing; or (b) the extent calculated by multiplying the number of dwelling units in the group housing and the, appropriate ceiling limit referred to in sub-section (1). whichever is less. Explanation.-For the purposes of this sub-section and sub-section (10),- (i) "group housing" means a building constructed or to be constructed with one or more floors, each floor consisting of one or more, dwelling units and having common service facilities; (ii) "common service facility" includes facility like staircase, balcony and verandah. (4) (a) In any State to which this Act applies in the first instance, if. on or after the 17th day of February, 1975, but before the, appointed day any person has made any transfer by way of sale, mortgage, gift, lease or otherwise ( other than a bona fide sale under a registered deed for valuable consideration) of any vacant land held by him and situated in such State to any other person, whether or not for consideration, then, for the purposes of calculating the extent of vacant land held by such person the land so transferred shall be taken into account, without prejudice to the rights or interests of the transferee in the land so transferred: Provided that the excess vacant land to be surrendered by such person under this Chapter shall be selected only out of the vacant land held by him after such transfer. (b) For the purpose of clause (a), the burden of proving any sale to be a bona fide one shall be on the transferor. Explanation.-Where in any State aforesaid, there was or is in force any law prohibiting transfer of urban property in that State except under the circumstances, if any, specified therein, then, for the purposes of this sub-section, any transfer by way of sale of such property, being vacant land, made by any person under a registered deed for valuable consideration in accordance with the provisions of such law or in pursuance of any sanction or permission granted under such law, shall be deemed to be a bona fide sale. (5) Where any firm or unincorporated association or body of individuals holds vacant land or holds any other land on which there is a building with a dwelling unit therein or holds both vacant land and such other land, then, the right or interest of any person in the vacant land or such other land or both, as the case may be, on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person. (6) Where a person is a beneficiary of a private trust and his share in the income from such trust is known or determinable, the share of such person in the vacant land and in any other land on which there is a building with a dwelling unit therein, held by the trust, shall be deemed to be in the same proportion as his share in the total income of such trust bears to such total income and the extent of such land apportionable to his share shall also be taken into account in calculating the extent of vacant land held by such person. (7) Where a person is a member of a Hindu undivided family, so much of the vacant land and of any other land on which there is a building with a dwelling unit therein, as would have fallen to his share had the entire vacant land and such other land held by the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person. (8) Where a person, being a member of a housing co-operative society registered or deemed to be registered under any law for the time being in force, holds vacant land allotted to him by such society, then, the, extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person. (9) Where a person holds vacant land and also holds any other land on which there is a building with a dwelling unit therein, the extent of such other land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person. (10) Where a person owns a part of a building, being a group housing, the proportionate share of such person in the land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person. (11) For the removal of doubts it is hereby declared that nothing in sub-sections (5), (6), (7), (9) and (10) shall be construed as empowering the competent authority to declare any land referred to in sub-clause (ii) or sub-clause (iii) of clause (q) of section 2 as excess vacant land under this Chapter. Explanation.-For the purposes of this section and sections 6, 8.and 13 a person shall be deemed to hold any land on which there is a building (whether or not with a dwelling unit therein) if he- (i) owns such land and the building; or (ii) owns such land but possesses the building, or possesses such land and the building, the possession, in either case, being As a tenant under a lease, the unexpired period of which is not less than ten years at the commencement of this Act, or as a mortgagee or under an irrevocable power of attorney or a hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities; or (iii) possesses such land but owns the building, the possession being as a tenant under a lease or as a mortgagee or under an irrevocable power of attorney or a hire-purchase agreement or partly in one of the said capacities or partly in any other of the said capacity or capacities. | 