Allowed

Shankar Balu Thakur and Ors. v. the State of Maharashtra and Anr.

Bombay HC7 Aug 2009WP/2839/2009

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed a writ petition seeking quashing of notices and mutation entries related to surplus land. The court relied on the precedent of the Voltas case and the affected party's affidavit that possession had not been taken, making the petition absolute.

What did the court decide?

The petition is allowed absolutely to quash the notices and order dated 20/02/2006, notice dated 16/11/2005 under section 10(3), and impugned Judgment dated 31/07/1987, and Mutation Entries No.1958 da

Shankar Balu Thakur and Ors. Vs the State of Maharashtra and… — Land Acquisition | Bombay HC (2009)

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AJN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2839 OF 2009

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Shri Shankar Balu Thakur & Ors. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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Mr. V.B. Naik for the petitioners.

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Mr. V.S. Gokhale, A.G.P. for the State.

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CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ.

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DATED : 13TH AUGUST, 2009.

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P.C.:-

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In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed as follows:

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“a. By an appropriate writ / order / direction of this Hon’ble Court, respondent be directed to forthwith cancel / withdraw the notice / order dated 20/02/2006 under section 10(5) hereto annexed at Exh K of the Petition

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AJN

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and also the notice dated 16/11/2005 passed under section 10(3) of the Urban Land (C & R) Act 1976 hereto annexed at Exh F of the Petition be quashed / set aside.

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b. By an appropriate writ / order / direction of this Hon’ble Court the impugned Judgment and order dated 31/07/1987 passed by the learned Deputy Collector and Competent Authority, Ulhasnagar, Urban Agglomeration, Thane in ULC proceeding no. ULC / ULN / SR-6(1)-11 / Dombivli Tal. Kalyan hereto annexed at Exh.C be quashed and set aside.

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c. By an appropriate writ / order / direction of this Hon’ble Court the Mutation Entries No.1958 dated 03.03.2008 hereto annexed at Exh. J in respect of the present suit lands be quashed and set aside.”

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Learned counsel for the parties are agreed that this petition is squarely covered by the judgment of the Division Bench of this court in Voltas Limited & Anr. v. Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5)

Bom.C.R. 746 .

AJN

In the affidavit in reply filed by Dattatraya Sambhaji

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Doifode, the Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane, it is stated that till today, the possession of the surplus land has not been taken by the respondents. In view of this assertion made in the affidavit, the petition is allowed in terms of the judgment of this court in Voltas Limited’s case referred to hereinabove. Needless to say that the petition is made absolute in terms of prayer clauses (a), (b) and (c) qua the petitioners’ surplus lands.

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The petition is disposed of in the aforestated terms.

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[SMT. RANJANA DESAI, J.]

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[A.A. SAYED, J.]

Shankar Balu Thakur and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shankar Balu Thakur and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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