Ananta Jivtuji Bodile, Acting Thr. ... vs State Of Maharashtra, Thr. Secretary, ...
2024 Latest Caselaw 25939 Bom

Bombay High Court

Ananta Jivtuji Bodile, Acting Thr. ... vs State Of Maharashtra, Thr. Secretary, ... on 20 September, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote, M.S. Jawalkar

2024:BHC-NAG:10549-DB
                                             1                          25-5147-23.odt


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

                          WRIT PETITION No. 5147 OF 2023

                  PETITIONER:     :         Ananta Jivtuji Bodile
                                            R/o Wanadongri, Hingna Road,
                                            Nagpur
                                            Acting through his power of attorney
                                            holder Pravin Vinayakrao Raut,
                                            R/o 71, Yashoda Nagar, Part II, Jaitala
                                            Road, Nagpur - 36

                                                   Vs.
                  RESPONDENTS : 1           State of Maharashtra
                                            Through its Secretary, Urban Land
                                            Development     Deptt.  Mantralaya,
                                            Mumbai - 32

                                      2     Competent    Authority     &    Addl.
                                            Collector, Urban       Land    Ceiling
                                            Authority, Office at : Collector's
                                            compound, Civil Lines, Nagpur.

                                      3     Commissioner, Nagpur
                                            Office at : Old Secretary building,
                                            Samaj Kalyan road, Civil Lines, Nagpur

                   Ms. A.A. Pande, Advocate for the petitioner
                   Ms. T.H. Khan, AGP for Respondent Nos.1 to 3

                                          CORAM:     AVINASH G. GHAROTE AND
                                                     SMT. M.S. JAWALKAR, JJ.

                                          DATED : 20th SEPTEMBER, 2024


                           ORAL JUDGMENT (Per : AVINASH G. GHAROTE, J.)

1. Heard.

2 25-5147-23.odt

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.

Further, said notification was not served on the

petitioner.

4. 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, where the

vesting of any vacant land, is complete possession of

which has been taken over by the State or any Authority

authorised in this behalf.

5. Since in view of the admitted position as spelt

out from the affidavit dated 04.04.2024, that the position

is not in dispute indicating non-taking over of 3 25-5147-23.odt

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 bearing

Gut No.25/2(old), presently Survey No.109 of Mouza

Wanadongri stands lapsed.

6. The petition is allowed in the above terms. No

order as to costs.

Rule is made absolute in the above terms.

(SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 21/09/2024 12:21:54