Writ petition challenging non-joinder regarding surplus land under UCLR Act. Court allowed petition relying on precedent where it was held that petition is maintainable if possession of surplus land has not been taken by respondents.
Petition allowed; made absolute against petitioners' lands described in notification dated 28/6/2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2421 OF 2009
Dr. Aspi B. Surveyor & Anr. ... Petitioners
Vs.
The State of Maharashtra & Ors. ... Respondents
Mr. J. S. Chandnani for the petitioners.
Mr. V.S. Gokhale, A.G.P. for the State.
CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ.
DATED : 7TH AUGUST, 2009.
P.C.:-
Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5)
Bom.C.R. 746 .
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case referred to hereinabove. Needless to say that the petition is made absolute in terms of prayer clause (a) qua the petitioners’ lands which were held to be surplus and described in notification dated 28/6/2007.
[SMT. RANJANA DESAI, J.]
[A.A. SAYED, J.]
2 issues framed by the court
Whether the petition praying for possession of surplus land is maintainable in light of the assertion that such possession has not been taken.
Whether the petition is covered by the judgment in Voltas Limited case.
Colour shows how this judgement treated each authority
Voltas Limited & Anr v Additional Collector and Competent Authority, Thane Urban Agglomeration & OrsFollowed¶14
Voltas Limited & Anr v Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors 2008 (5) Bom.C.R. 746
1 provisions across 1 enactments
Dr. Aspi B. Surveyor & Anr.
The State of Maharashtra & Ors.
Ranjana Desai
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
