High Court held that since possession of surplus land remained with petitioners before the 1976 Act's repeal in 1999, proceedings lapsed. Petition allowed. Cited Voltas Ltd. case.
Petition is made absolute in terms of prayer clause (a), (b), (c).
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 wp2933.10.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2933 OF 2010
Shri Shivaji Rayba Shinde & Ors. ....Petitioners. Vs. The Competent Authority Pune Urban Agglomeration, Pune & ors. ....Respondents
Mr.J.S.Deo for petitioners.
Mr.V.S.Gokhale, AGP for Respondent Nos. 1 to 3.
CORAM:- A.M.KHANWILKAR AND
R.M.SAVANT, JJ
DATED:- APRIL 27, 2010
P.C.
1. Heard Counsel for the parties.
3. As short question is involved, Petition is taken up for final disposal
forthwith, by consent.
ast 2 wp2933.10.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.
ast 3 wp2933.10.sxw
holder. Thus, the answer to the first question is obviously in favour of the Petitioners.
(R.M. SAVANT, J)
(A.M.KHANWILKAR, J)
2 issues framed by the court
Whether the Appropriate Authority took over possession of surplus vacant lands before the 1999 repeal of the Urban Land (Ceiling and Regulation) Act, 1976.
Whether proceedings can continue against disputed land after the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 in 1999.
Colour shows how this judgement treated each authority
Voltas Ltd. & Ors. v. Additional Collector and Competent Authority & Ors.Explained¶6
2008 (5) BCR 746
Shri Shivaji Rayba Shinde & Ors.
The Competent Authority Pune Urban Agglomeration
A.M. Khanwilkar
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
