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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ.
Sudarshan Chemical Industries Ltd. – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
G.S. Kulkarni, J.
PREFACE
1. This petition under Article 226 of the Constitution of India raises an issue under the repealed Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the ULC Act’). The petitioner is a beneficiary of an order dated 29 February 1980 passed under Section 20(1) of the ULC Act whereby the land in question was exempted from Chapter III of the ULC Act, on the condition that the land shall be used only for industrial purposes.
2. The petitioner in the present writ petition has made a money claim, namely, claiming a refund of the premium amount of Rs.5,30,95,030/- paid by the petitioner to the State Government on 11 October 2022 inter alia under Government Resolution dated 1 August 2019. By such Government Resolution, the State Government offered to close all pending cases/issues under Section 20 of the ULC Act, by accepting a one time premium. Another Government Resolution dated 23 June 2021 was issued by the Government to streamline the process of implementation of earlier Government Resolution dated 1 August 2019. The petitioner taking benefit of the stipulation of the said Government Resolutions, on 11 October, 2022 made lump-sum payment of 15% a
A party cannot claim a refund after accepting a government resolution and benefiting from it, as legal rights may be waived.
The government can only charge a one-time premium on exempted surplus vacant land under the ULC Act, not on the entire land owned by the Petitioners.
Point of law: Notifications issued from section 10(1) onwards till section 11 have not been quashed or set aside by neither the Hon’ble Tribunal, nor this Hon’ble High Court at any stage of litigatio....
The court held that disputed questions of title and possession cannot be resolved in a writ petition, and the petitioners were entitled to remain in possession of the land despite ULC proceedings.
Section 21 of the Act and save the said land from the rigour and scheme of the 1976 Act of taking over of excess land in the larger public interest and therefore, the learned Single Judge was right i....
plain language of sub-section (5) of Section 10 means and envisages a notice in writing in the form of an order to surrender or make over the possession to the State. Sub-Section (5) notice is not in....
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