Bombay High Court
Vachhalabai W/O Kisan Dakhale And ... vs The State Of Maharashtra, Thr. Dept. Of ... on 2 February, 2024
Author: Avinash G. Gharote
Bench: Avinash G. Gharote, M. S. Jawalkar
2024:BHC-NAG:1423-DB
1 J-WP-1446-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1446 OF 2023
PETITIONERS : 1 Vachhalabai W/o Kisan Dakhale,
Aged about 75 years, Occupation -
Agriculturist, Resident of Gram
Panchayat Ward No.2, Wanadongri,
Tahsil Hingna, District Nagpur.
2 M/s. Ratnamala Construction,
A partnership firm through its
Authorised Partner Rajesh S/o
Kishor Bodele, Aged about 42
years, Occupation - Business,
Resident of Plot No.153, Abhilasha
Apartment, Hill Top, Ambazari,
Nagpur.
..VERSUS..
RESPONDENTS : 1 The State of Maharashtra,
Through Department of Urban
Development, Mantralaya, Madam
Cama Road, Mumbai.
2 The Additional Collector and the
Competent Authority (Urban Land
Ceiling), having its office at Civil
Lines, Nagpur.
3 The Tahsildar, Tahsil Hingna,
Nagpur, having its office at Tahsil
Office, Nagpur.
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Mr A. A. Naik, Advocate for Petitioners.
Mr P. P. Pendke, AGP for Respondents.
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CORAM : AVINASH G. GHAROTE AND
SMT. M. S. JAWALKAR, JJ.
DATE : 2nd FEBRUARY, 2024.
2 J-WP-1446-2023.odt
ORAL JUDGMENT (PER : AVINASH G. GHAROTE)
. Heard.
2. Rule. Rule made returnable forthwith.
3. The petition, seeks a declaration regarding
lapsing of the proceedings under the Urban Land (Ceiling
and Regulation) Act, 1976 (for short, "the ULC Act"), on
the ground, that possession was not taken under Section
10(5) of the ULC Act. Even the vesting is in question on
the ground that Section 10(3) requires a specific date to
be mentioned in the notification as the date of vesting and
since the notification dated 01.11.2007 in that regard does
not mention such date, even the vesting cannot be held to
be legal and proper (Page 91).
4. Learned Assistant Government Pleader for the
respondents, while opposing the petition, contends that
the date of notification under Section 10(3) of the ULC
Act has to be considered as the date of taking possession,
in view of which, it is contended that the repeal of the said
Act would not be applicable.
5. The provision of Section 3(1)(a) of the Urban
Land (Ceiling and Regulation) Repeal Act, 1999, which
came into effect from 22.03.1999, saves lands affected by
ULC from the provision of Repeal Act, the vesting of any
3 J-WP-1446-2023.odt
vacant land, possession of which has been taken over by
the State or any Authority authorised in this behalf.
6. We have posed a specific query to the learned
AGP as to whether any receipt is on record of the ULC
Authority, to indicate taking over possession of the land in
question, to which an affidavit has been filed on
31.01.2024, stating that there is no document or receipt of
possession in the record and proceedings of ULC Case
No.2610 of 1976. This would clearly indicate that
possession of the land is not demonstrable to have been
taken over by the competent Authority, in terms of Section
10(5) of the ULC Act. The requirements of savings Clause
3(1)(a) of the Repeal Act, which also contemplate receipt
of possession of the land affected by a notification under
Section 10(3) of the ULC Act, therefore clearly have not
been complied with. Though, it is contended that the date
of notification under Section 10(3) of the ULC Act should
be considered as the date of having taken possession, we,
however, are unable to accept this proposition for the
reason that the action of taking possession under Section
10(5) of the ULC Act, has to be subsequent in point of
time to the publication of the notification under Section
10(3) of the ULC Act. This is further indicated from the
fact that the notification under Section 10(3) of the ULC
Act, is dated 01.11.2007, consequent to which a notice for
possession is claimed to have been sent to the land holder
on 06.11.2007.
4 J-WP-1446-2023.odt
7. Since in view of the admitted position as spelt
out from the affidavit dated 31.01.2024, that there is no
position in dispute indicating taking over of possession, it
is obvious that the vesting is not complete, considering
which, the same is not saved under Section 3(1)(a) of the
ULC Repeal Act, 1999. We, therefore, hold that the ULC
proceeding, in respect of the land of survey Nos.25/1 and
25/3 of Mouza Wanadongri stands lapsed.
8. The petition is disposed of accordingly. No order
as to costs.
(M. S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
TAMBE.
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 06/02/2024 10:21:31
