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1999 Supreme(SC) 270

S.N.PHUKAN, G.T.NANAVATI
Shivgonda Anna Patil – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

Nanavati, J.-This appeal arises out of the order passed by the High Court of judicature at Bombay in Writ Petition No. 994/93. The appel­lants had challenged the order dated 20th September, 1979 passed by the Deputy Collector and Competent Authority, Urban Land Ceiling, Sangli and also the constitutional validity of certain provisions of the Urban Land (Ceiling and Regulation) Act on the ground that they are violative of Article 31-A(1) of the Constitution. The High Court summarily dismissed the Writ Petition.

2. The appellants’ case in the Writ Petition was that their father died in the year 1965 and on his death, land bearing Survey No. 228/3 was inherited by them. It was mutated in the name of the eldest son on 25.2.66. On coming into force of the Urban Land (Ceiling and Regulation) Act, 1976, the appellant No. 1 filed a statement under Section 6 of the Act on 4.9.76. Thereafter, on 20.9.79, the Competent Authority declared 6,100 sq. m. as vacant and excess land. A Notifica­tion to that effect and vesting of it in Government under Section 10(3) was issued on 5.5.83. Notice under Section 10(5) for taking possession of the excess land was issued on 31.3.86. The appellant No





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