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JUDGMENT :
BHARATI DANGRE, J.
1 Petitioner No.1, a company registered under the Companies Act, 2013, interalia engaged in the business of development of real estate in and around the State of Maharashtra, claiming to be the owner of immovable property in form of piece of land bearing Gut No.61/1 admeasuring 46,400 sq. mtr. and Gut No.61/2 admeasuring 8100 sq. mtrs. aggregating to 54,500 sq. mtrs in Thane, situated at Village Chitalsar, Manpada, Thane, alongwith its Director i.e. Petitioner No.2, has approached this Court seeking the following reliefs :-
(a) That this Hon'ble Court be pleased to declare that the provisions of Urban Land (Ceiling and Regulation) Act. 1976 are not applicable and proceedings have abated under Section 3 (1) (a) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 in respect of the said Land i.e.. Gut No. 61/1 and 61/2, Village Chitalsar. Manpada. Thane totally admeasuring 54,500 square meters:
(b) That this Hon'ble Court be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction under Article 226 of the Constitution of India in the nature of mandamus, directing Respondent No. 4 to withdraw/cancel the communication date
Exemption orders under Section 20(1) of the Urban Land Ceiling Act remain valid post-repeal if no violation of conditions occurs, rendering withdrawal attempts unlawful.
Notice under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 is issued to him to surrender such possession to the State Government, or the authorized officer or the competent autho....
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....
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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