Vijay Sawliram Shinde vs The Principle Secretary And Ors
2021 Latest Caselaw 6152 Bom

                                                                   39-wp-1060-2021.doc
Sharayu Khot.
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 1060 OF 2021
     Vijay Sawliram Shinde                                      ...Petitioner

             Versus

     The Principal Secretary, Urban                             ...Respondents
     Development Depat. & Ors.
                                 ----------
     Mr. R.D. Soni, i/b. Ram & Co. for the Petitioner.
     Mrs. S.S. Bhende, AGP for the Respondent - State.
                                           ----------

                                           CORAM :           K.K. TATED &
                                                             R.I. CHAGLA, JJ.

                                          DATE          :    6 April 2021
     ORDER :

1. Heard the learned Counsel for parties.

2. By this Petition under Article 226 of the

Constitution of India, the Petitioner is seeking direction against

Respondent to delete the entry made in 7/12 extracts about the

excess land declared under the provisions of the Urban Land

Ceiling Act, 1976.

3. Learned Counsel Mr. Soni for the Petitioner submits

that the Notifcation under Section 10(3) and 10(5) of the ULC

39-wp-1060-2021.doc Act is not issued in respect of excess land by the State of

Maharashtra on the appointed date i.e. 29th November 2007

when the ULC Repeal Act came into force. Even the possession

is not taken by the Respondents prior to repeal of the Act.

Hence, entry in 7/12 extract is required to be cancelled. In

support of his contention, learned Counsel for the Petitioner

relies on the judgment of this Court in the matter in Dattatray

Ramchandra Raut & Ors. Vs. State of Maharashtra & Ors. 1 copy

of the said authority is already handed over to the learned AGP.

4. In view of the submissions made by the learned

Counsel for the Petitioner and the judgment in the matter of

Dattatray Ramchandra Raut & Ors. Vs. State of Maharashtra &

Ors. (supra), the learned AGP is directed to consider the case of

the Petitioner and make submission on the next date. If time

permits, the matter can be disposed off fnally at the stage of

admission.

5. Matter to appear on board on 29th April 2021.

[R.I. CHAGLA J.]                                 [K.K. TATED, J.]

1    2021(2) ABR 410