THOMAS MORE PEREIRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant Petition has been filed under Article 226 of the Constitution of India. The subject matter of this Petition is the land admeasuring total 20,948.40 Sq.Mts. from Bund Garden Road C.T.S. No.13/2, Pune ("the land" for short) in relation to which proceedings has been initiated under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as the "the Act"). During pendency of said proceedings, the Act came to be repealed by the Urban Land (Ceiling & Regulation) Repeal Act, 1999. Consequently, the controversy in this Petition has been narrowed and therefore this Court is called upon to adjudicate this Petition only in relation to prayer clause "a (iii)" which reads as under :-

(2.) Record indicates that, Rule and interim relief has been granted on 28/9/2011.

(3.) Heard Mr. Balsara, learned counsel for Petitioner, Ms. Solunke, the learned Addl.G.P. for Respondent-State and Mr. Deshpande, learned counsel for the Respondent No.4. Perused the entire record. Respondent Nos.2 and 4 have filed their separate replies and opposed the Petition.