G. S. PATEL, NEELA GOKHALE
Jemini Pradip Salot – Appellant
Versus
State of Maharashtra, through its Chief Secretary – Respondent
JUDGMENT :
GS Patel J.
1. Rule. Rule returnable forthwith. The Petition is taken up for hearing and final disposal.
2. The Petition challenges a demand of Rs 6,09,66,477/- raised by the District Collector and Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (“ULC Act”) in respect of an area of 4849 sq mts of CS No. 30/A/1/6 at village Chandivali, Taluka Kurla. This is said to be pursuant to a Government Resolution (“GR”) dated 1st August 2019.
3. 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 & Anr v Municipal Commissioner of Thane Municipal Corporation & Ors., Interim Application No 1463 of 2022 in Writ Petition No 7222 of 2007, decided on 6th June 2023. and RR Realtors v State of Maharashtra & Ors., Writ Petition No. 1268 of 2019, decided on 31st July 2023. In those decisions, we considered an issue of law, viz., whether under the provisions of the now repealed ULC Act, demands could be raised for the entire area that was once the subject of ULC procee
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