RAMCHANDRA KUSHABA BAHIRAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 takes exception to the orders passed by the authorities under the Urban Land (Ceiling & Regulations) Act. The petitioner is the owner of land bearing Final Plot No.13 of Bhamburda, Shivajinagar, Pune and bearing C.T.S. Nos.1671 to 1675 admeasuring about 2217 sq.mts. which is the subject matter of this petition. The petitioner claims that the said property is an ancestral property of the petitioner. The petitioner claims that after the death of his father, the said property was recorded in the name of his mother Smt.Anusayabai as Holder in Record of Rights as he was then a minor and since the death of Smt.Anusaya in the year 1977 he has become the owner of the said property.

(2.) The petitioner has alleged that on 29th January, 1944, the petitioner's mother had leased the said property and another plot No.37 to respondent No.7 for a period of forty years. The lease deed was registered on 11th February, 1944 in the office of Sub-Registrar, Haveli No.III at serial No.380. The petitioner has further alleged that the respondent No.7 constructed some sheds in the portion of the said property and sold his leasehold rights along with sheds to the respondent Nos.3 to 6 under a registered sale deed dated 13th January, 1966. According to the petitioner, the lease period came to an end by efflux of time. He gave a notice dated 20th January, 1984 to the respondent No.7 and called upon him to deliver vacant possession of the property. Further according to the petitioner pursuant to the said notice, the respondent No.7 delivered possession of the said property to the petitioner.

(3.) At this stage it is required to take note of certain developments which took place by reason of commencement of the Urban Land (Ceiling & Regulations) Act, 1976 ("Act" for short). After the Act came into force, the petitioner's deceased mother being the holder of the said land as owner filed a return under Section 6 of the Act bearing Case No.79-P A-5735 and showed this property in her return as leasehold property in possession of the respondent No.7. It is an admitted position that the said case is still pending before the Competent Authority, Pune. It transpires that return bearing No.1347 KA-9853 was also filed by the respondent No.3 on behalf of the respondent Nos.3 to 6 before the Competent Authority. The respondent No.3 had shown the entire property in Final Plot No.13 in his return and filed the return as a body of individuals. The respondent No.3 represented before the Competent Authority that the two families of Kale and Devdikar held this properly separately and therefore it should not be considered as held jointly. The Competent Authority finally decided on 5th December, 1977 that the said property belongs to the body of individuals and allowed the ceiling unit to them and declared 1108.54 sq.mts. and a final statement also issued accordingly. An Appeal No.19 of 1978 preferred by the respondent No.3 against the said order dated 5th December, 1977 passed by the Competent Authority was dismissed by the Collector on 30th January, 1979.