SHANTAPPA RAYAPPA HATTURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present Petition is covered by a Judgment of a Division Bench of this Court in the case of "Udhav Tatya Bhopale Vs. State of Maharashtra and others" (1992 Mh.L.J. 1432).

(2.) A short question, which arises for consideration is, whether the land involved in the petition, namely S.No.297/1B/2/2/2/2 situate at village Majarewadi, Taluka North Solapur, District Solapur, can be termed as vacant land under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976. The said land admeasures 13 Hectors 72 Areas and is situate beyond the limits of Solapur Municipal Corporation but falls within the urban agglomeration of Solapur. The said land is assessed for agricultural purposes.

(3.) AS far as the point, which has been agitated before us in the petition is concerned, the Deputy Collector has observed - "The said land is situated in residential zone as per zone plan i.e. Master Plan and hence, even though it is Agricultural land, it is treated as urban vacant land under the provisions of Section 2(q) of the Act. The Act is applicable to the vacant land thus, the say of the holder is not accepted."