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2009 Supreme(Bom) 516

V.C.DAGA, MRIDULA BHATKAR
Vithabai Bama Bhandari – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared: For the Appellant:Milind Sathe, Senior, Chirag Balsara i/b.Kanga & Co Advocates. For the Respondents: V.A. Sonpal, AGP.

Judgment :-

V.C.Daga, J.

1. The petitioner, in this petition filed under Article 226 of the Constitution of India, is seeking following declaration;

That it be declared that all proceedings/notifications and notices issued under Section 9 and 10 of the Urban Land (Ceiling and Regulation) Act, 1976 in respect of the land situated at bearing survey No.34/6 Koliwali, Taluka Kalyan District Thane admeasuring 2008.00 sq.mtrs. stand abated in view of Section 4 of the Urban Land Ceiling (Repeal) Act, 1999 and the respondents are now not entitled to resort to the provisions of the Urban Land (Ceiling and Regulation) Act 1976 in respect of the petitioners land;

Factual Backdrops:

In order to appreciate the grievance of the petitioner, few relevant introductory facts needs to be noticed at the outset.

2. Petitioner herein is a holder of land admeasuring 16490 sq.mtrs. under Plot bearing No.33, 34(6) and 35/15 at village Koliwali, Taluka Kalyan, District Thane.

3. On 3rd October, 1983, the Deputy Collector & Competent Authority, Ulhasnagar passed an order under Section 8(iv) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short "the said ULC Act") in Case No.ULC/ULN/SR-19 Koliwali an



































































































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