S.C.Dharmadhikari, J.

PREFACE

A) This writ petition is one more in the series of matters where jurisdiction of this court under Articles 226 and 227 of the Constitution of India is invoked not by rightful owners but builders and developers, to reclaim the vacant lands in excess of ceiling limits, which have already vested in the State. The surplus land holders and owners of these lands very well know that their fate is sealed for they are divested of their right, title and interest in these lands by due process of law. However, they are propped up by builders and developers with ulterior motives to file such petitions by relying on the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 (Principal Act) in the State of Maharashtra with effect from 29th November, 2007. Though physical possession of these lands is with the State and not challenged by the owners and surplus vacant land holders at the relevant time, now they raise such challenge being financed by builders and developers. Builders and developers and particularly those amongst them who have no locus and right in law raise a challenge on the strength of irrevocable power of attorneys from the erstwhile owners. They put forward pleas which their principals have never raised. Such litigants are encouraged sometimes by inaction of the State officials in maintaining and preserving proper records and sometimes the State machinery deliberately assists them by keeping back crucial and important documents. Whatever may be the cause, this court's precious time is wasted in not only scrutinising the original records, but in considering the prolonged arguments. All this because even one square feet of land is extremely valuable in a city like Mumbai and commands a huge price in the market. In cases after cases, vacant lands and which have not been fenced and protected are subject matter of such litigations and since the State is unaware about the extent of the land it owns, there is a tendency of filing them. This is one more case where builders and developers are before the court after the surplus land holders and owners have accepted the correctness and validity of the State's action. As Judges we hardly have any choice particularly when such petitions are admitted.

1) This Writ Petition and Appeal involve common questions of law and facts. They were heard together and are being disposed of by this common judgment.

2) For the purpose of complete enumeration of facts, we will refer to Writ Petition No. 1468 of 2009.

3) This petition prays for issuance of a writ of certiorari or any other writ, order of direction under Article 226 of the Constitution of India, calling for the records, papers and proceedings pertaining to :-

(i) The order dated 30th November, 2006 under section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short “the ULC Act”).

(ii) The final statement dated 19th December, 2006 under section 9 of the ULC Act.

(iii) The notification dated 19th December, 2006 under section 10(1) of the ULC Act.

(iv) The notification dated 5th February, 2007 under section 10(3) of the ULC Act.

(v) The notice dated 27th February, 2007 under section 10(5) of the ULC Act.

(vi) The order dated 27th April, 2007 under section 11(7) read with section 14 of the ULC Act.

(vii) The entry dated 27th July, 2007 in the Property Register Card inserting the name of the Government of Maharashtra/Respondent No. 3 as holder of CTS No.864A admeasuring 50,364 square meters forming part of the said property.

4) All these are styled as impugned orders. Then, a declaration in terms of prayer clause (c) is sought, by which, it is prayed that this Court should declare that the interest of petitioner nos. 1 and 2 are not affected by any of the impugned orders. This prayer is inserted after terming all the above orders as impugned orders.

5) Some brief facts from the long list of dates and events would be necessary to appreciate the rival contentions.

6) The parties to the writ petition a