Allowed

Mangal Shivram Daki and Ors. v. the Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane and Anr.

Bombay HC28 Jul 2009WP/231/2009

Case brief

AI extract

What is this about?

A writ petition was filed challenging land acquisition proceedings under the Urban Land (Ceiling and Regulation) Act. The Supreme Court held that with the repeal of the 1976 Act and adoption of the 1999 Repeal Act, the proceedings lapsed. The writ petition was allowed.

What did the court decide?

The petition was made absolute to issue writs declaring proceedings lapsed and directing restoration of the petitioners' names in the record of rights of Survey No. 245/1.

Mangal Shivram Daki and Ors. Vs the Additional Collector and… — Land Acquisition | Bombay HC (2009)

¶1

¶2

mss

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

APPELLATE SIDE

¶5

WRIT PETITION NO. 231 OF 2009

¶6

MANGAL SHIVRAM DAKI & ORS. .. PETITIONERS Vs. THE ADDL. COLLECTOR & COMPETENT AUTHORITY & ANR. .. RESPONDENTS

¶7

Mr. R. S. Datar for the petitioners

¶8

Mrs. M. P. Thakur, AGP

¶9

CORAM: SMT. RANJANA DESAI &

A. A. SAYED, JJ.

DATED: 28/7/2009

P.C.

The petitioners have inter alia prayed that in view of the Notification

¶14

dated 1/12/2007 issued by the 2nd respondent repealing the Urban Land

¶15

¶16

(Ceiling and Regulation) Act, 1976 and adopting the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the proceedings in respect of the petitioners' land as set out in the impugned order dated 30/6/1983, 18/2/2000, 8/8/2002 and 4/11/2004 issued under the provisions of Section 8(4), 10(1),10(3) and 10(5) of the ULC Act respectively have lapsed and are non-est and unenforceable and the land being subject matter of the aforesaid proceedings and orders do no longer vest in the respondents;

¶17

We have heard learned counsel for the parties. Learned counsel for the parties are agreed that the issue raised in this petition is squarely covered by the judgment of Division Bench of this court in Writ Petition No. 8536 of 2006 (Voltas Ltd. v. Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors.) decided on 25/7/08 . We may also note that in the affidavit-in-reply filed by Bhausaheb Joti Patil, Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane, it is stated that the physical possession of the excess land has not been taken by the respondents. In view of this in our opinion following order will meet the ends of justice.

¶18

The petition is made absolute in terms of prayer clause 13(a)(i) (ii)

¶19

13(a). that this Hon’ble Court be pleased to issue a Writ of

¶20

Mandamus or a Writ of Certiorari or a Writ in the nature

¶21

¶22

of Mandamus or Certiorari or any other appropriate Writ, Order or direction under Article 226 and 227 of the Constitution of

¶23

India;

¶24

(i) declaring that in view of the Notification dated 1^st December, 2007 issued by Respondent No. 2 repealing the Urban Land (Ceiling & Regulation) Act, 1976 and adopting the Urban Land (Ceiling & Regulation) Repeal Act, 1999, the proceedings in respect of the Petitioners’ land as set out in the impugned orders dated 30^th June, 1983, 18^th February, 2000, 8^th August, 2002 and 4^th November, 2004 issued under the provisions of Section 8(4), 10(1), 10(3) and 10(5) of the ULC Act respectively have lapsed and are non-est and enforceable; and the land subject matter of the aforesaid proceedings and orders do no longer vest in the Respondent;

¶25

(ii) directing the Respondents to forthwith restore the Petitioner’s names in the record of rights of the said land declared as Surplus Vacant Land, namely, land bearing Survey No. 245/1 admeasuring

¶26

¶27

1388.88 sq. Meters situated at village Kavesar, Taluka and District Thane, more particularly set out in the order dated 4^th November, 2004 issued by Respondent

¶28

No. 1 u/s. 10(5) of the ULC Act.”

¶29

Petition is disposed of.

¶30

(Smt. Ranjana Desai, J.)

¶31

(A. A. Sayed, J.)

Mangal Shivram Daki and Ors. v. the Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane and Anr.

Case brief

What is this about?

What did the court decide?

Mangal Shivram Daki and Ors. v. the Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gangadhar Nivrutti Kashmire Vs the State of Maharashtra and Ors.

Sadashiv Daji Aradhi Vs Maharashtra State Road Transport Corporation and Ors.

Moreshwar S/O. Sitaramji Raut Vs the Honourable Principal District and Sessions Judge and Ors.

Shantilal Misrilal Kankaria Vs the Municipal Commissioner - Pimpri Chinchwad Municipal Corporation and Ors.

Sitaram Baban Shinde and Ors. Vs the Additional Commissioner, Pune and Ors.

Raghunath Rama Pattade and Ors. Vs the Collector - Kolhapur and Ors.