This court allowed multiple writ petitions where petitioners challenged land acquisition proceedings. Relying on Voltas Ltd. and the fact that possession was not taken and the Act was repealed, the court held petitioners can retain their lands.
Petitioners are entitled to retain their respective lands in their possession.
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 SIDE JURISDICTION WRIT PETITION NO.8852 OF 2007
Mrs. Hazel D’Souza & Ors. .. Petitioners Vs The State of Maharashtra & Ors. .. Respondents --
ALONG WITH
WRIT PETITION NO. 8666 OF 2007
Shri Devrao B. Mhatre & Ors. .. Petitioners Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents --
ALONG WITH
WRIT PETITION NO. 8668 OF 2007
Shri Nandkumar Hansraj Patil & Anr. .. Petitioners Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents -- ALONG WITH WRIT PETITION NO. 3374 OF 2008
Pawan Baug Co-op.Housing Society Ltd. & Ors.. Petitioners Vs The Additional Collector & Competent Authority, Greater Mumbai Urban Agglomeration & Anr. .. Respondents -- ALONG WITH WRIT PETITION NO. 8656 OF 2007 Mrs. Gracy D’Mellow & Ors. .. Petitioners Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents --
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ALONG WITH WRIT PETITION NO. 9333 OF 2007
Akhtar Hasan Rizvi,
C.A. To Cecilia Mendonca. .. Petitioner Vs
The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents
ALONG WITH WRIT PETITION NO. 9336 OF 2007
Akhtar Hasan Rizvi, C.A. To Martha D’Silva. .. Petitioner Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents
Ms Manjusha Kumbhar i/by Shri Santosh Shetye for the Petitioners in Writ Petition Nos.8656 of 2007, 8666 of 2007 and 8668 of 2007. Shri S.G. Karandikar for the Petitioners in WP Nos.8656/07, 8666/07 and 8668/07.
Shri R.R. Kalekar for the Petitioners in Writ Petition Nos.9333 of 2007 and 9336 of 2007.
Shri S.R. Nargolkar, AGP for the State in WP Nos.8852 of 2007, 8656 of 2007, 8666 of 2007, 8668 of 2007, 9336 of 2007 and 3374 of 2008.
Ms P.S. Cardozo, AGP for the State in WP No.9333 of 2007.
CORAM : SWATANTER KUMAR, C.J. & A.M.KHANWILKAR, J
DATED : 7TH DECEMBER, 2009
P.C.
Affidavits in all the above Petitions have been filed. It is
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not disputed before us that the possession of the land has not been taken and in none of them the scheme had been sanctioned and the Petitioners had not taken any benefit or exemption under the scheme.
in their possession.
CHIEF JUSTICE
A.M. KHANWILKAR, J
2 issues framed by the court
Whether petitioners are entitled to retain their lands after admission that possession under the scheme was not taken.
Whether any further action can be taken under the Urban Land (Ceiling and Regulation) Act, 1976 which has been repealed.
Colour shows how this judgement treated each authority
Voltas Ltd. & Anr. v. Additional Collector & Competent Authority & Ors.Relied on¶27
Voltas Ltd. & Anr. v. Additional Collector & Competent Authority & Ors., 2008(5) Bom.C.R. 746 · Who else cites this
Mrs. Hazel D'Souza & Ors.
Shri Devrao B. Mhatre & Ors.
Shri Nandkumar Hansraj Patil & Anr.
Pawan Baug Co-op.Housing Society Ltd. & Ors.
Akhtar Hasan Rizvi, C.A. To Cecilia Mendonca
The State of Maharashtra & Ors.
SWATANTER KUMAR
A.M. KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
