JEMINI PRADIP SALOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Petition challenges a demand of Rs.6,09,66,477.00 raised by the District Collector and Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 ("ULC Act") in respect of an area of 4849 sq mts of CS No. 30/A/1/6 at village Chandivali, Taluka Kurla. This is said to be pursuant to a Government Resolution ("GR") dtd. 1/8/2019.

(3.) We believe the matter is fully covered by our recent decisions in Salim Alimohomed Porbanderwalla and Anr vs State of Maharashtra and Anr, 2023 SCC OnLine Bom 731 : (2023) 3 Bom CR 140. Decided on 30/3/2023. read with the later decisions in Voltas Ltd and Anr v Municipal Commissioner of Thane Municipal Corporation and Ors,Interim Application No 1463 of 2022 in Writ Petition No 7222 of 2007, decided on 6/6/2023. and RR Realtors v State of Maharashtra and Ors.,Writ Petition No. 1268 of 2019, decided on 31/7/2023.In those decisions, we considered an issue of law, viz., whether under the provisions of the now repealed ULC Act, demands could be raised for the entire area that was once the subject of ULC proceedings, i.e., including the area of vacant land as well.