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1989 Supreme(SC) 372

L.M.SHARMA, N.D.OJHA
Dattatrya Shankarbhat Ambalgi – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.B.LAL, A.M.KHANWILKAR, A.S.BHASME, A.Subhashini, P.H.Parekh, PUNAM KUMARI, U.R.Lalit, V.C.MAHAJAN, V.N.GANPULE

JUDGMENT

OJHA, J. :—The petitioners in these petitions under Art. 32 of the Constitution hold land within the city of Sholapur in the State of Maharashtra. According to the petitioners development plan has been sanctioned with regard to land situated in the city of Sholapur including the petitioners land under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the Maharashtra Act No. 37 of 1966) and some land of the petitioners was reserved for public purpose under that Act. The Urban Land (Ceiling. and Regulation) Act, 1976 (hereinafter referred to as the Act) was brought into force on 28th February, 1976 and proceedings for acquisition of vacant land in excess of the ceiling limit placed under the Act wire initiated against the petitioners, These writ petitions have been filed for the following reliefs :

(a) It may be declared that the Urban Ceiling Act does not apply to lands reserved for a public purpose under the Maharashtra Regional Town Planning Act, 1966;

(b) The proceedings for determination of ceiling be declared void and quashed so far as the lands are reserved for public purpose.

(c) The State Government be restrained from taking any action un






















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