PRASHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these petitions are being decided by this common judgment. Though Writ Petition No.4092 of 2017 was admitted on 10-6-2019, the another Writ Petition No.7170 of 2016 is only on notice before admission, which was issued on 3-2-2017. Hence, Rule returnable forthwith in Writ Petition No.7170 of 2016. Both these petitions involve common question and relate to the same property. Hence, the same are finally heard by consent of the learned counsels appearing for the parties at length and are being disposed of.

(2.) These petitions challenge the order dated 22-6-2006 passed under sub-section (2) of Section 20 of the Urban Land (Ceiling and Regulation) Act , 1976 [for short, "the said Act"] by the Competent Authority and the Additional Collector, Nagpur, cancelling the exemption granted on 22-2-1996 in exercise of his power conferred by clause (a) of sub-section (1) of Section 20 of the said Act in respect of the surplus land admeasuring 38,037.165 square meters from Survey No.178/4, 180/1, 298/2, 303, 304/3 and 307, situated at Mouza Chichbhuvan, Nagpur, and taking the said land back as vested in the State Government. The petitions also challenge the notifications dated 17-7-2006 issued under sub-section (1) of Section 10 and dated 6-9-2006 issued under sub-section (3) of Section 10 of the said Act. The declaration is claimed that the petitioners are the lawful owners of the respective plots as per the Scheme sanctioned on 22-2-1996 and the prayer made is to restrain the respondents from disturbing the possession of the petitioners over the property in question.

(3.) One Baburao Bobde was the owner of the lands Survey Nos.178/4, 180/1, 298/2, 303, 304/3 and 307, situated at Mouza Chichbhuvan, Nagpur. The Urban Land Ceiling Act , 1976 came into force on 17-2-1976. Consequently, the original owner filed a return, on 28-9-1976, as required by sub-section (1) of Section 6 of the said Act, declaring the land admeasuring 38,037.165 square meters as the excess land in ULC Case No.2347 of 1976. As per the order dated 25-7-1985 passed under sub-section (4) of Section 8 of the said Act, the land admeasuring 70,392.74 was declared as surplus. A preliminary notification was issued under sub-section (1) of Section 10 on 2-10-1986, declaring 70,392.74 square meters of land out of these survey numbers as surplus. The final notification under sub-section (3) of Section 10 of the said Act was issued on 2-11-1989.