(1.) THIS writ petition challenges the orders of the Competent Authority and of the Collector in appeal against the same, passed under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short the 'Urban Land Ceiling Act').
(2.) BRIEFLY the facts are that the petitioner owns S. No. 37, area 5.50 acres of Mouza Kachhimet P.C. No. 7, taluq and district Nagpur. The said land is situated near the National Highway No. 6 i.e. Nagpur-Bombay Road. The father of the petitioner had made an application under Section 156 of the M.P. Land Revenue Code 1954 (for short the M.P.L.R. Code), and the relevant rules framed thereunder for conversion of his aforesaid agricultural land into non-agricultural land. The Sub-Divisional Officer, Nagpur, in Revenue Case No. 9/A-62-63 by his order dated 18.7.1963 granted permission for conversion of the suit land into non-agricultural land upon the conditions laid down in the order. The said conditions principally relate to the non-construction of buildings within certain area from the highway as per the provisions of the Ribbon Development Rules published under the circular of the Maharashtra Government dated 8.10.1958 and also as per the provisions of the resolution of the Government No. BDR/W dated 10.3.1963 referred to the aforesaid order of the Sub-Divisional Officer. According to the petitioner, however, pursuant to the said permission, the suit land was not actually put to the non-agricultural use by the petitioner. In the meanwhile, the Maharashtra Regional and Town Planning Act, 1966 (for short the 'Town Planning Act') came into force. The Development Plan for the city of Nagpur was prepared and sanctioned thereunder by the Government of Maharashtra on 30.7.76, according to which, the suit land was included in the green zone for the purposes of agriculture.
(3.) FOR proper appreciation of the above contention raised on behalf of the petitioner, it would be appropriate to reproduce some of the relevant definitions under the Act :-