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2012 Supreme(Bom) 1400

S.C.DHARMADHIKARI, M.T.JOSHI
Manik M. Ragit – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Shri P.V. VAIDYA Adv. for petitioner.
Smt. B.H. DANGRE Addl. GP for respondent 1.

JUDGMENT

1. By this Writ Petition under Article 226 and 227 of the Constitution of India, petitioner seeks a declaration that all proceedings under Urban Land (Ceiling and Regulation) Act, 1976 stand abated in view of Section 3 and 4 of the Urban land Ceiling Repeal Act 1999.

Accordingly respondents be directed to make appropriate change in the revenue record and restore the name of the petitioner therein in respect of land Kh. Nos. 211 and 211/l mouza Wadi Patwari Halka 47 Tahsil Nagpur Gramin, District Nagpur.

2. Petitioner states that this land admeasures about 3.84 H.R. It was shown in the land records in the name of the petitioner. When the returns were filed in the year 1981 it appears that an enquiry was made and a portion admeasuring 22781 Sq. Mtrs. from these khasra numbers came to be notified and declared as surplus vacant land. That order was passed on 28th December 1981. Accordingly, the petitioner presented a scheme under Section 20(1) of the Urban Land Ceiling Act. It is stated that this was in relation to half portion of the land declared as surplus. This scheme was sanctioned by the Competent Authority, Urban Land Ceiling Nagpur. However, the scheme was not implemente








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