Dismissed

Nagpur Housing and Area Development Board, through Its Chief Officer v. Shri Maroti Ramaji Bobde, through P.O.A. Kamlesh Chandrashekhar Dadhe and 18 Others

Bombay HC21 Dec 2011MCA/841/2011

Case brief

AI extract

What is this about?

Court dismissed a review petition challenging a judgment that allowed a writ petition regarding possession of surplus land under the Urban Land Ceiling Act. Court held the issue is covered by existing law declared in Voltas case.

What did the court decide?

Review petition dismissed; impugned judgment sustainable.

What the court decided

Nagpur Housing and Area Development Board, through Its Chief… — Land Acquisition | Bombay HC (2011)

¶1

1612mca841.11.odt 1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

¶3

Misc. Civil Application No.841 of 2011 in Writ Petition No. 3509 of 2009 (D)

¶4

(Nagpur Housing and Area Development Board .vs. Shri Maroti Ramaji Bobde and Ors.)

¶5

Office	Notes,	Office
Memoranda appearances,	of Court's	Coram, orders or	Court's or Judge's orders
directions orders.	and	Registrar's

¶6

Coram : D. D. Sinha and

¶7

A. P. Bhangale, JJ.

¶8

Date : 21/12/2011.

¶9

Heard Mr.H.N.Varma, Adv. for the applicant, Mr.C.V.Kale, Adv. for respondent nos. 1 to 16 and Mr.D.P.Thakare, A.G.P. for Respondent Nos. 17 to 19.

¶10

This review petition is directed against the judgment dt.25.11.2009 whereby Writ Petition No.3509 of 2009 came to be allowed. Counsel for the review applicant has submitted that the factual and legal aspect involved in the present review petition is similar to one involved in Misc. Civil Application No.954 of 2011.

¶11

It is submitted that in U.L.C. Case No.3154/76 of mouza Chichbhuvan the land bearing Survey Nos.269, 305 and 306 admeasuring 12824.16 sq.mt. belonging to

¶12

1612mca841.11.odt 2

¶13

non-applicant no.1 came to be declared as surplus vacant land by the competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the ULC Act”) vide order dt.30.11.1981. Subsequent thereto, the State Government allotted the land admeasuring 8134.00 sq.mt. out of total surplus land to the applicant/Board. It is contended that, in view of declaration u/s.10(3) of the Principal Act, surplus land vested in the State Government and therefore, merely because possession of the land in question has not been taken over by the State Government on or before 29.11.2007, it does not nullify the efficacy of the notification issued under Section 10(3) of the Principal Act nor affects the right of the applicant/Board to claim possession of the said land. Hence, the judgment impugned is liable to be set aside.

¶14

Mr.D.P.Thakare, A.G.P. has not disputed that the issue involved in the present matter stands covered by the decision in the case of Voltas Ltd. and another .vs. Additional Collector and Competent Authority, Thane and Others reported in 2008 (5) ALL MR 537. Similar is the stand taken by the Counsel for the other respondents.

¶15

We have considered the contentions canvassed by the respective Counsel. It is not

¶16

1612mca841.11.odt 3

¶17

in dispute that the factual and legal aspect involved in the present review petition is similar to one involved in Misc. Civil Application No.954 of 2011 including the fact that the issue stands covered by the law declared by this Court in the case of Voltas Ltd. and another. Similarly, the findings recorded in the impugned judgment by this Court are based on the law declared in the case of Voltas Ltd. and another and therefore, they are sustainable in law. Hence, for the reasons stated by this Court in the order dt.21.12.2011 passed in Misc. Civil Application No.954 of 2011, present review petition is dismissed.

¶18

J UDGE J UDGE

¶19

jais

Nagpur Housing and Area Development Board, through Its Chief Officer v. Shri Maroti Ramaji Bobde, through P.O.A. Kamlesh Chandrashekhar Dadhe and 18 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Nagpur Housing and Area Development Board, through Its Chief Officer v. Shri Maroti Ramaji Bobde, through P.O.A. Kamlesh Chandrashekhar Dadhe and 18 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mrs. Uma W/O Anil Nimje and 5 Others Vs Nagpur Improvement Trust, through Its Chairman and Another

Prabhakar Panjabrao Lohkare Vs Mah. State Electricity Transmission Company Ltd. (M.S.E.T.C.L.) Thr. Its Chief Engineer and Anr.

Naresh S/O Keshavrao Dahare Vs the State of Maharashtra, Revenue and Forest Department and 2 Others

Nagpur Housing and Area Development Board, through Its Chief Officer Vs Shri Narayan Baburao Bobde, through P.O.A. Shri Kalmesh Chandrashekhar Dadhe and 3 Other

Nagpur Housing and Area Development Board, through Its Chief Officer Vs Shri Maroti Ramaji Bobde, through P.O.A. Kamlesh Chandrashekhar Dadhe and 3 Others

Nagpur Housing and Area Development Board, through Its Chief Officer Vs Shri Marotrao Zibalji Bobde, through P.O.A. Shri Kamlesh Chandrashekhar Dadhe and 9 Others