JUDGMENT

C.K. Thakker, J.—This appeal is filed by the Pune Municipal Corporation (‘Corporation’ for short) against the judgment and order dated July 8, 2004 passed by the Division Bench of High Court of Judicature at Bombay in Writ Petition No. 643 of 1996. By the said order, the High Court confirmed the order passed by the State of Maharashtra on June 21, 1995 in purported exercise of revisional jurisdiction under Section 34 of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as ‘the Act’) holding that no sufficient opportunity had been given to the land-owners before declaring their land to be excess and vacant land under the Act.

2. The case has a checkered history and to appreciate rival contentions raised by the parties in their proper perspective, it would be appropriate to bear in mind the facts.

Pranlal Zaverchand Doshi (since deceased) who has been represented through his heirs and legal representatives and Chandravadan Pranlal Doshi were owners of certain lands situate at village Mouje Parvati, Taluka Haveli, District Pune in the State of Maharashtra. On February 17, 1976, the Act came into force in the State of Maharashtra. The owners of the land fil