SANJAY BAPURAO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the Petitioners and the learned Government Pleader for the Respondents. Rule. The Government Pleader waives service for the Respondents. Considering the narrow controversy involved, this Petition is taken up forthwith for final disposal. The Petitioners are claiming to be the owners of the lands which are more particularly described in Paragraph 3(A) of the Petition. The contention raised in this Petition is that the original owners filed the Returns under the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as "the said Act of 1976"). In the Petition, a reference is made to the entries effected in the revenue record which show that a part of the property held by the Petitioners was declared as excess land under the provisions of the said Act of 1976. In the revenue records, an entry was made that out of the land held by the Petitioners, an area of 39041 sq. meters was declared as excess land under the said Act of 1976.

(2.) In the Petition, a reliance is placed on the provisions of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 (hereinafter referred to as "the said Repeal Act"). It is contended that with effect from 29th November 2007, the Repeal Act was adopted by the State of Maharashtra. The contention in the Petition is that as the possession of the alleged excess lands was not taken over in accordance with the provisions of Section 10(5) of the said Act of 1976 before 29th November 2007, the proceedings under the said Act of 1976 stand abated.

(3.) We may note here that the Petitioners are relying upon the Sale Deeds dated 3rd June 1985 and 6th June 1985 executed by their predecessors in title. It appears that an application was made by the Petitioners on 4th March 2012 to the Competent Authority contending that the entries of the State in the revenue records in respect of excess land may be deleted in view of the Repeal Act.