2022:BHC-AS:12021-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8341 OF 2021

1. Ananta Landmarks Private Limited a company incorporated under the provisions of the Companies Act, 1956, and under the Companies Act, 2013 having its Registered Office at 101, Kalpataru Synergy, Op. Grand Hyatt, Santacruz (East), Mumbai – 400 055. …. Petitioner Versus

1. State of Maharashtra through the Principal Secretary Revenue & Forest Department Mantralaya, Mumbai – 400 032.

2. District Collector of Thane having office at Collector Office, Thane Opp. Thane District Court, Court Naka, Thane (West) – 400 601. …. Respondents Dr.Milind Sathe, Senior Advocate with Mr.G.S.Godbole, Mr.Saket Mone, Mr.Subit Chakrabarti, Mr.Shrey Shah, Mr.Makarand Savant & Mr.Devansh Shah i/b M/s.Vidhii Partners for the Petitioner Mr.A.A.Kumbhakoni, Advocate General with Ms.

M.P.Thakur, A.G.P. for the State / Respondents CORAM: S.V. GANGAPURWALA &

M. G. SEWLIKAR, JJ.

RESERVED ON: MAY 05, 2022 PRONOUNCED ON: JUNE 09, 2022 JUDGEMENT : (PER : S.V.GANGAPURWALA, J.)

1. Rule. Rule made returnable forthwith. By consent of parties, Writ Petition is heard finally.

2. The Petitioner in the instant petition under Article 226 of the Constitution of India assails the impugned order / communication dated 27.09.2021 issued by the District Collector of Thane i.e. Respondent no.2 thereby rejecting the application filed by the Petitioner for conversion of occupancy from Class-II to Occupancy Class-I of the writ lands.

3. Sans the necessary details, the facts relevant for adjudication of the present petition can be culled out as under:

4. The State of Maharashtra (Respondent no.1) acquired an area of 1,89,680 sq. mtrs. of the lands under the provisions of Part VII of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, 1894). Upon the request of the predecessor-in-title of the Petitioner, the agreement to that effect was executed, as required under the Act, 1894 in respect of an area of 1,89,680 sq. mtrs. Upon further request of the predecessor-in-title of the Petitioner, the State of Maharashtra also granted an area of 10,900 sq. mtrs. under the provisions of Maharashtra Land Revenue Code. Sanad dated 14.12.1990 under section 44 of the Maharashtra Land Revenue Code for an area of 10,900 sq. mtrs. is issued in favour of the predecessor-in-title of the Petitioner.

5. The writ lands were acquired for the benefit of the predecessor-in-title of the Petitioner to run the Industry. It is the case of the Petitioner that the predecessor-in-title of the Petitioner used the said lands for industrial purposes for about 50-60 years. It is the case of the Petitioner that with the passage of time, to avoid the hazards of industrial pollution, most of the companies/industrial units including that of the predecessor-in-title of the Petitioner were either shifted to other locations or shut down. To cope up with the need of urban population, the State Government came up with a policy regarding sale or change of use of lands acquired for industrial purpose under Part VII of the Act, 1894 and to permit such lands for residential / commercial use. It is further the case of the Petitioner that the State of Maharashtra permitted the predecessor-in-title of the Petitioner to transfer the writ lands to the Petitioner under different permissions dated 17.11.2009 and 21.08.2010 upon payment of requisite premium. According to the Petitioner, the lands allowed to be transferred to the Petitioner are ‘Occupancy Class-II’ lands. Petitioner as such, filed an application for conversion of Occupancy Class II lands into Class I lands as per the rules notified by the Respondent no.1 in the year 2019 namely the Maharashtra Land Revenue (Conversion Of Occupancy Class-II And Leasehold Lands Into Occupancy Class-I) Rules, 2019 (hereinafter referred to as the Rules, 2019). The said application is rejected. Aggrieved thereby, the present petition.

6. Mr.Sathaye, the learned Senior