SAVALRAM DINAJI WAGHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question involved in this petition relates to the interpretation of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as "the Urban Ceiling Act").

(2.) The facts of the case are very few. The petitioner is the owner of two relevant pieces of land bearing Survey No. 109/4A admeasuring about 12800 sq. metres and Survey No. 110/4A admeasuring about 9000 sq. metres, both the lands being situate at Pimpri-Waghere, Pune-18. They are referred to hereinafter as the lands in question.

(3.) On 20-12-1972, Pimpri-Chinchwad, Municipal Council which is the Planning Authority within the meaning of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the Town Planning Act") passed a Resolution No. 272 earmarking the said two lands for the residential zone shown in the development plan being prepared by the Municipal Council. Thereafter there appears to have been certain modification in respect of the zonal earmarking. As a result of this modification which was of a general character another Resolution No. 751 dated 24-8-1975 was passed by the Municipal Council once again earmarking these lands for residential purpose: This means that both these lands were included in the residential zone, that is to say non-agricultural zone, as per development plan which was being prepared by the Municipal Council at the said time in the year 1975.