SUNILKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are seeking a declaration that in view of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 ('ULC Act') by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 ('Repeal Act') the proceedings under the ULC Act as regards land bearing survey number 38/1 including portion admeasuring 4080.955 square meters of village Drugdhamna, Tahsil and District Nagpur stand lapsed. Certain other and further reliefs are sought which are ancillary or consequential to the said declaration.

(2.) We have heard Shri A.C. Dharmadhikari, the learned counsel for the petitioners, Mrs. K.S. Joshi, the learned Additional Government Pleader for the State of Maharashtra and Shri Pankaj Kothari, the learned counsel for respondents 4 and 5 ­ the Maharashtra Housing and Area Development Authority and the Nagpur Housing Area and Development Board. With consent the petition is heard and finally decided at the stage of admission.

(3.) Facts, which are germane, are as set out herein.