(1.) Heard advocates for the parties.
(2.) This petition under Article 226 of the Constitution arises under the Urban Land (Ceiling and Regulations) Act, 1976 ("Act" for short). Several contentions are raised in the writ petition challenging the orders passed by the authorities under the Act. However at the time of hearing, Mr.Agarwal, learned Counsel for the petitioners, pressed only one contention that the Competent Authority has issued notifications under Section 10(1),(3) and (5) of the Act without first deciding the objections raised the holder under Section 8(4) of the Act. Mr.Agarwal argued that passing of an order under Section 8(4) is a condition precedent before taking further steps for acquisition of the land under Section 10 of the Act. The Counsel argued that all the notifications issued under Section 10 are without jurisdiction since the Competent Authority has failed to pass orders under Section 8(4) of the Act. We find considerable force in the submission of Mr.Agarwal. It is clearly seen from the letter dated 9th September, 1987 by the Authority to the petitioners that no orders have been passed under Section 8(4). In the said letter, the Competent Authority referred to a Government Circular dated 30th March, 1983 to the effect that where the final orders have been passed without passing orders under Section 8(4), a fresh enquiry has to be conducted and appropriate orders have to be passed under Section 8(4) and further stated that the Competent Authority was contemplating similar action in the case of the petitioners. However, it seems that no further action has been taken by the Authority to rectify the mistake committed by him. Mr.Sonawane, learned A.G.P. also fairly conceded that the Competent Authority has not passed orders under Section 8(4). In view of this admitted position, the petition will have to be allowed. Accordingly, the impugned orders passed by Urban Ceiling Authorities under Sections 9 and 10 of the Act are hereby quashed and set aside. The Competent Authority is directed to hold a fresh enquiry under Section 8 and thereafter pass appropriate orders under Section 8(4). Needless to mention that before passing such orders, the Competent Authority shall afford reasonable opportunity of hearing to the petitioners. The petitioners will be at liberty to raise additional objections, if they desire to do so. Rule is made absolute accordingly. No order as to costs.