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2014 Supreme(SC) 110

K.S.RADHAKRISHNAN, VIKRAMAJIT SEN
Gajanan Kamlya Patil – Appellant
Versus
Addl. Collector & Comp. Auth. – Respondent


JUDGMENT : -

K. S. RADHAKRISHNAN, J.

1. Leave granted.

2. We are, in these appeals, concerned with the question whether the High Court was justified in relegating the parties to file Civil Suits to recover the lands covered by Survey No.54/4 and Survey No.53/3, both admeasuring 1870 sq. meters, situated at Village Kasarwadavli, Ghodbunder Road, Taluka and Distt. Thane, so as to get the benefit of Urban Land (Ceiling and Regulation) Repeal Act, 1999.

3. We may, for the disposal of these appeals, refer to the facts in Civil Appeal arising out of Special Leave Petition No.14690 of 2011, treating the same as the leading case. The Appellant herein was issued a notice dated 17.2.2005 under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘ULC Act’) for taking possession of the Appellant’s land bearing Survey Nos.47/10 and 54/4. It was stated in the notice that in accordance with the notification published in Part-I, Page No. – Konkan Division Supplementary, dated 12.12.2002, in the Gazette of Maharashtra, the land notified had been vested in the Government of Maharashtra and that Additional Collector and Competent Authority, Thane (for short “Competent Authorit






























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