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2016 Supreme(Bom) 535

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Adi Dara Patel – Appellant
Versus
S. R. Jondhale – Respondent


Advocates Appeared:
Mr. P. Chidambaram – Senior Advocate with Mr. Jatin Zaveri, Mr. Swanand Ganoo, Mr. Aditya Shiralkar, Mr. S. C. Mahimtura and Mr. Amit Mehta i/b. M/s. Mahimturra and Co. for the Petitioners in
Mr. Praveen Samdani – Senior Advocate with Ms. Geeta Shastri – Additional Government Pleader and Mr. Mayank Bagla for respondent Mr. F. E. Devitre – Senior Advocate with Mr. Karl Tamboly, Mr. Sonmish Gala and Mr. Atul Kshatriya i/b. Markand Gandhi Mr. Y. A. Sakhare – Senior Advocate with Mr. Yatin Malvankar and Ms. Sowmya Kakar for respondent no. 9. Mr. Prateek Seksaria with Ms. Krishna Raja i/b. M/s. L. J. Law for respondent no. 10 in WP/1468/2009.

JUDGMENT :

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 own



































































































































































































































































































































































































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