SUDARSHAN CHEMICAL INDUSTRIES LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India raises an issue under the repealed Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the ULC Act'). The petitioner is a beneficiary of an order dtd. 29/2/1980 passed under Sec. 20(1) of the ULC Act whereby the land in question was exempted from Chapter III of the ULC Act, on the condition that the land shall be used only for industrial purposes.

(2.) The petitioner in the present writ petition has made a money claim, namely, claiming a refund of the premium amount of Rs.5,30,95,030.00 paid by the petitioner to the State Government on 11/10/2022 inter alia under Government Resolution dtd. 1/8/2019. By such Government Resolution, the State Government offered to close all pending cases/issues under Sec. 20 of the ULC Act, by accepting a one time premium. Another Government Resolution dtd. 23/6/2021 was issued by the Government to streamline the process of implementation of earlier Government Resolution dtd. 1/8/2019. The petitioner taking benefit of the stipulation of the said Government Resolutions, on 11/10/2022 made lump-sum payment of 15% at the prevailing annual market rate of the entire area, being an amount of Rs.10,47,47,849.00, qua its land admeasuring 23,316.16 sq. mtrs.

(3.) On deposit/payment of such premium to the State Government, an order dtd. 20/10/2022 was passed in favour of the petitioner whereby the State Government declared the entire land of the petitioner free from any ULC encumbrance. The petitioner thereafter vide Deed of Conveyance dtd. 6/4/2023 sold the land to third parties. After much water had flown under the bridge and third party rights stood created and after the sale consideration was received by the petitioner, thereby extinguishing all the rights of the petitioner qua the said land, the present petition is filed seeking a refund of the premium paid by the petitioner, i.e., a simplicitor money claim against the State Government.