LAWS(BOM)-2023-8-628

MODERN PAINTS Vs. STATE OF MAHARASHTRA

Decided On August 09, 2023
Modern Paints Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule returnable forthwith. The Petition is taken up for hearing and final disposal.

(2.) Under a conveyance dtd. 12/6/1975, the Petitioner acquired land bearing Survey No. 42 (Part), CTS No. 637, Plot No. C15, Oshiwara, Andheri West, Mumbai aggregating to 873.54 sq mts and 840.54 sq mts. On 1/8/1977, the Petitioner filed a statement under Sec. 6(1) of the now repealed the Urban Land (Ceiling and Regulation) Act, 1976 ("ULC Act"). An order under Sec. 20 followed, exempting the property from Chapter III of the ULC Act.

(3.) On 12/12/2022, the Petitioner applied to 2nd Respondent agreeing to pay the premium as required, and asking that the remark mentioned in the property card be removed. A demand for a premium of Rs.1,46,36,057.00 came to be issued on 9/2/2023 in respect of the entire land (i.e., including the vacant portion and the main portion admeasuring 873.54 sq mts).