SNEHA SHRINATH NAVALKAR Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) By this Petition, the Petitioners have challenged the notice dated 5.2.2008 bearing No.ULC /TA /ATP/ S-21/ MHADAJ/ S.R.142+143+144 issued by Respondent No.1-Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane calling upon the Petitioners to surrender the land admeasuring 39,647.95 square meters out of Survey Nos.231, 232, 233, 235 and 240/2 situated in village Mira, Taluka and District Thane to Respondent No.2 - Maharashtra Housing and Area Development Authority (hereinafter referred to as, 'MHADA'). The notice mentions that the Petitioners have already surrendered the land admeasuring 53,574.25 square meters out of the larger area of 93,222.20 square meters. The notice refers to the undertaking dated 13.6.1994 given by the Petitioners to surrender the area of 39,647.95 square meters. By the same notice, the Petitioners were informed that the officers from the Office of Tahsildar, Thane were to remain present on 12.2.2008 to take possession of the said land.

(2.) The aforementioned land was subject matter of the order passed under Section 21(1) of the Urban Land (Ceiling & Regulation) Act , 1976 (hereinafter referred to as the ' U.L.C. Act '). The basic contention of the Petitioners is that, after repeal of the U.L.C. Act by the Urban Land (Ceiling & Regulation) Repeal Act, 1999, the Authorities were precluded from taking possession of the land of which possession was not taken till 29.11.2007 when the Repeal Act came in force.

(3.) The case of the Petitioners, as set out in the Petition, is as follows :-