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1983 Supreme(Bom) 27

M.P.KANODE, R.A.JAHAGIRDAR
B. B. Billimoria & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---This petition arises out of the proceedings started under the provision of the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as "the Ceiling Act". The two petitioners together own a land bearing C.T.S. No. 82 and situated at Koregaon Park, Pune. That land measures 542809 sq. metres. Each of the petitioners filed a statement under section 6 of the Ceiling Act. Besides the aforesaid land, which is held by the petitioners jointly, each of the petitioners owns certain other property also. The first petitioner owns a flat in a building owned by a Co-operative Housing Society at Bombay. The area of the flat is 297.28 sq. metres. Bombay being in category A of Schedule 1 of the Act, for calculating the area in terms of category B, in which Pune is situated, the area has to be doubled. Accordingly, the area of the flat occupied by the first petitioner in Bombay should be taken to be 594.56 sq. metres.

2. The second petitioner owns a residential flat in Bombay having an area of 111.11 sq. metres. This flat is also in a building owned by a Co-operative Housing Society. Besides this, his wife is in possession of a part of an industrial











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