Allowed

Sushilabai Gulab Ghule v. State of Maharashtra and Anr.

Bombay HC11 Jun 2009WP/7725/2008

Case brief

AI extract

What is this about?

The High Court allowed a writ petition declaring orders and proceedings under the repealed Urban Land (Ceiling & Regulation) Act, 1976 as abated due to non-implementation, directing the State to refrain from enforcing them and cancel mutation entries.

What did the court decide?

Proceedings and notifications declared abated; respondents prohibited from implementing orders; directed to apply for cancellation of mutation entry.

Sushilabai Gulab Ghule Vs State of Maharashtra and Anr. — Land Acquisition | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.7725/2008

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Sushilabai Gulab Ghule

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Petitioner

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VS.

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State of Maharashtra & Ors.

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Respondents

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Mr.S.M.Gorwadkar for the petitioner Mr.C.R.Sonawane ,AGP for the State

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CORAM: J.N.PATEL & MRS.MRIDULA BHATKAR,JJ.

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DATE : 11^th June, 2009

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P.C.(Mrs.Mridula Bhatkar,J.)

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. Rule.

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2] Rule returnable forthwith and heard finally by consent .

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3] By this petition the petitioner has challenged the order dated 18/1/2007 of the Competent Authority of Pune issued under the Urban Land (Ceiling & Regulation)Act,1976 and the notice under section 10(3) of the said Act. The petitioner is the owner of survey no.27/5 ,situates at Mohamadwadi, Tal.Haveli,

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Dist.Pune. On 28/8/2003 the Competent Authority decided that the family of the petitioner held vacant land. Thereafter the Competent Authority issued notification under section 10(1) of the Urban Land (Ceiling & Regulation)Act,1976 in respect of the aforesaid land and published in Government Gazette . Then notification under section 10(3) of the Urban Land (Ceiling & Regulation)Act,1976 was published on 18/1/2007. It is contended that on 29/11/2007 the Urban Land (Ceiling & Regulation)Act, 1976 was repealed by the State Legislature and the possession of the surplus vacant land was not taken over by the respondents. It is prayed that the proceedings including notifications have become non-est and hence the petitioner be declared as the owner of the land .

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4] The respondents have filed affidavit in reply in which it is agreed by the respondents that though the notifications under sections 10(3) and 10(5) of the Urban Land (Ceiling & Regulation)Act,1976 were issued the possession of the land was not taken by the respondents and it is with the petitioner.

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5] The Urban Land (Ceiling & Regulation)Act,1976 was repealed on 29/11/2007 and so the proceedings under the said Act are abated since the said date. In the present matter the

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Government has not taken possession pursuant to the notification under section 10(3) of the said Act. Thus,the case of the petitioner is covered under the decision of the Supreme Court Mukarram Ali Khan Vs. State of U.P.& Ors.,AIR, 2007,Hon’ble Supreme Court,6282; in which it is held as follows

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5] Section-4 of the Repeal Act reads as follows :

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4.Abatement of legal proceedingsAll legal proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act ,before any Court, tribunal or other authority shall abate;

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Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of the principal Act insofar as such proceedings are relatable to the land,possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority.

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6] In view of the affidavit filed by the appellant to which no objection has been filed,undisputed position is that the State has not taken the possession over the surplus land. Therefore,the proceedings have to be treated to have abated under Section 4 of the Repeal Act.

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6] Further reliance is placed on Voltas and Others Vs.Additional Collector & Competent Authority ,2008(5) Bom.C.R. 746 and the SLP preferred against this decision was dismissed by the Hon’ble Supreme Court.

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7] The petition will therefore have to be allowed in terms of prayer clause (c) & (d) which read as follows.

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(c) It may be further declared that in view of adoption of Central Act 15/1999 by the State Legislature on 29/11/2007, the orders dated 28/8/2003 and 13/10/2003 in ULC Case No.1205-GH and proceedings under section 10(3) of the repealed Act i.e.The Urban Land (Ceiling & Regulation)Act,1976 had abated and have become inoperative against Petitioner in respect of land S.No.27/5 Mohamadwadi Tal.Haveli,District-Pune and the Respondents be prohibited from implementing the same.

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(d) Orders dated 28/8/2003 and 13/10/2003 passed under Section 8(4) of the Urban Land (Ceiling & Regulation)Act,1976 in respect of S.No.27/5Mohamadwadi, Tal.Haveli ,District:Pune Urban Agglomeration passed by the Respondent no.2 be declared as abated and in executable and Respondent No.2 be directed to apply for cancellation of mutation entry 9815 in respect of S.No.27/5 made,pursuant to the said orders.

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Rule made absolute with no order as to costs.

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(J.N.Patel)

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(Mrs.Mridula Bhatkar,J.)

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SRS

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Sushilabai Gulab Ghule v. State of Maharashtra and Anr.

Case brief

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Sushilabai Gulab Ghule v. State of Maharashtra and Anr.

Case brief

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