The Court ruled that since the Respondent admitted not taking possession of the surplus land before the 1976 Act was repealed in 1999, proceedings have lapsed. Petition allowed.
Petition made absolute in terms of prayer clauses (a-1) to (a-2) with no order as to costs.
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.
ast 1 wp1116.08.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1116 OF 2008
Shri Narendra Totaram Gajre & Anr. ....Petitioners Vs. Addl.Collector and Competent Authority (U.L.C.) Nashik & ors. ....Respondents
Mr.Shriram S. Kulkarni for petitioners.
Mr.V.S.Gokhale, AGP for Respondnt Nos. 1 to 3 & 5.
CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ
DATED:- APRIL 27, 2010
P.C.
G.P. waives notice for Respondents 1 to 3 & 5.
ast
2 wp1116.08.sxw
(1) Whether the Appropriate Authority has taken over possession of the subject surplus vacant lands before the date of repeal of the Urban Land (Ceiling and Regulation) Act, 1976 in 1999.
(2) If the answer to the above question is no, whether it
is open to the Appropriate Authority to proceed against the disputed land inspite of repeal of the said enactment in 1999.
first question is obviously in favour of the Petitioners.
ast 3 wp1116.08.sxw
(R.M. SAVANT, J)
(A.M.KHANWILKAR, J)
2 issues framed by the court
Whether the Appropriate Authority had taken possession of surplus vacant lands before the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 in 1999.
Whether the Appropriate Authority can proceed against disputed land after the repeal of the Act if possession was not taken before repeal.
Colour shows how this judgement treated each authority
Voltas Ltd. & Ors. v. Additional Collector and Competent Authority & Ors.Followed¶6
2008 (5) BCR 746
1 provisions across 1 enactments
Shri Narendra Totaram Gajre and Anr.
Addl. Collector and Competent Authority (U.L.C.) Nashik
Competent Authority
Others
A.M. Khanwilkar
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
