JUDGMENT

Majority Opinion

G.P. Mathur, J. (On behalf of himself and V.N. Khare, CJI)-The State of Maharashtra has preferred this appeal by special leave against the judgment and order dated 31.1.1983 of High Court of Bombay by which the writ petition filed by respondents No. 1 and 2 was allowed and the orders passed by the Competent Authority and the Appellate Authority under the Urban Land (Ceiling & Regulations) Act, 1976 (for short the Act ) were set aside and it was declared that the respondents do not hold any land in excess of the ceiling limit of Pune Agglomeration. The notification issued under Section 10(3) of the Act was also set aside.

2. B.E. Billimoria (respondent No. 1) and Laxmidas Kalyanji Kapadia (respondent No.2) together owned a plot bearing CTS No.82, Koregaon Park, Pune having an area of 5428.09 sq. meters. In the statement filed under Section 6 of the Act respondent No.1 disclosed that besides above he owned a flat having an area of 297.28 sq. meter in a building owned by a co-operative housing society in Bombay. Respondent no.2 disclosed that besides CTS No.82, Koregaon Park, Pune he owned a residential