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2023 Supreme(Bom) 1246

G. S. PATEL, NEELA GOKHALE
Modern Paints – Appellant
Versus
State of Maharashtra, through its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Mayur Khandeparkar, with Nishant Chotani, Nivit Srivastava, Saurabh Kshirsagar & Anish Gandhi, i/b Maniar Srivastava Associates.
For the Respondent: Mr Himanshu Takke, AGP, with Jyoti Chavan, AGP.

JUDGMENT :

GS Patel J.

1. Rule. Rule returnable forthwith. The Petition is taken up for hearing and final disposal.

2. Under a conveyance dated 12th June 1975, the Petitioner acquired land bearing Survey No. 42 (Part), CTS No. 637, Plot No. C15, Oshiwara, Andheri West, Mumbai aggregating to 873.54 sq mts and 840.54 sq mts. On 1st August 1977, the Petitioner filed a statement under Section 6(1) of the now repealed the Urban Land (Ceiling and Regulation) Act, 1976 (“ULC Act”). An order under Section 20 followed, exempting the property from Chapter III of the ULC Act.

3. On 12th December 2022, the Petitioner applied to 2nd Respondent agreeing to pay the premium as required, and asking that the remark mentioned in the property card be removed. A demand for a premium of Rs 1,46,36,057/- came to be issued on 9th February 2023 in respect of the entire land (i.e., including the vacant portion and the main portion admeasuring 873.54 sq mts).

4. We believe the matter is fully covered by our recent decisions in Salim Alimohomed Porbanderwalla & Anr vs State of Maharashtra & Anr. 2023 SCC OnLine Bom 731 : (2023) 3 Bom CR 140. Decided on 30th March 2023, read with the later decisions in Voltas Ltd &

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