Pawanputra Janjeevan Samasya Bhumivikas Gruhniramn Sahakari Sanstha Thr. President S.G. Choudhary v. State of Maharashtra through Additional Collector Cum Competent Authority Ulc Nagpur and Another
Urban Land (Ceiling and Regulation) Repeal Act, 1999 – S.4 abatement of legal proceedings
Case brief
What is this about?
Abatement under Section 4, Urban Land (Ceiling and Regulation) Repeal Act, 1999 of an appeal under Section 33 of the ULC Act, 1976; proviso to Section 4 saving only proceedings under Sections 11-14 where possession taken over by State or competent authority; Government direction dated 23/4/2008 directing Section 33 appeals to be kept dormant for one year and then abated; earlier remand by High Court in Writ Petition No. 3297/2008 for recording reasons; orders of even date 20/7/2009; impugned abatement order held not perverse; writ petition dismissed and Rule discharged; Bombay High Court, Nagpur Bench; neutral citation 2025:BHC-NAG:40.
What did the court decide?
On a reading of Section 4 of the Repeal Act, all proceedings relating to any order made or purported to be made under the Principal Act pending immediately before commencement of the Repeal Act stood abated, except the proceedings pertaining to Sections 11, 12, 13 and 14 of the Principal Act if covered under the proviso to Section 4.