Advocates:
['MANOJ PRABHUDAS KARIYA', 'ASHOK P TATHODASHOK P TATHOD', 'BHARTENDRA D BHOYAR', 'ASHOK P TATHOD', 'COPY SERVED TO GP/R- TO', '', 'P N KOTHARI', 'P P KOTHARI', 'SARANG S NERKAR', 'RAJLAXMI D ZODE', 'FOR/R']

WP 4279.2019.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4279 OF 2019

1.Dattatray s/o Ramchandra Raut,

aged 58 years, Occ. Agriculturist.

2.Dyaneshwar s/o Waman Raut,

aged 40 years, Occ. Agriculturist.

3.Pravin s/o Waman Raut,

aged 28 years, Occ. Agriculturist.

4.Purushottam s/o Ramchandra Raut,

aged 55 years, Occ. Agriculturist.

5.Smt. Nirmala s/o Shankar Raut,

aged 26 years, Occ. Agriculturist.

6.Chakradhar s/o Waman Raut,

aged 26 years, Occ. Agriculturist.

7.Krushna s/o Purushottam Raut,

aged 28 years, Occ. Agriculturist.

8.Kunal s/o Purushottam Raut,

aged 25 years, Occ. Agriculturist.

9.Surekha d/o Dilip Sherje,

aged 32 years, Occ. Agriculturist.

10.Sheetal Chandrashekhar Adhau,

aged 34 years, Occ. Agriculturist.

11.Nikita Nilesh Dehankar,

aged 34 years, Occ. Household.

12.Pratiksha d/o Dattaraj Raut,

aged 19 years, Occ. Education.

13.Shakshi d/o Dattaraj Raut,

aged 18 years, Occ. Education.

WP 4279.2019.odt 2

14.Jayshree Purushottam Raut,

aged 29 years, Occ. Agriculturist.

All are R/o Godhani (Railway),

Tah. and District Nagpur.

...PETITIONERS

Versus

1.State of Maharashtra,

through its Secretary, Ministry of Urban

Development, Mantralaya, Mumbai – 32.

2.Special Land Acquisition Officer/

Competent Authority-cum-Deputy Collector

(Urban Land Ceiling), Civil Lines, Nagpur.

3.Collector, Nagpur District,

Civil Lines, Nagpur.

4.Tahsildar, Tahsil Office, Nagpur (Rural),

District – Nagpur.

5.Nagpur Housing and Area Development Board (MHADA),

through its Management Director, Civil Lines,

Nagpur – 440001.

...RESPONDENTS

Shri A.P. Tathod, Advocate for the petitioners.

Shri V.A. Thakare, A.G.P. for respondent Nos. 1 to 4.

Shri P.N. Kothari, Advocate for respondent No.5.

…..

CORAM : DIPANKAR DATTA, CJ AND

PUSHPA V. GANEDIWALA, J.

DATED : FEBRUARY 01, 2021.

JUDGMENT (PER : PUSHPA V. GANEDIWALA, J.) :

WP 4279.2019.odt 3

Rule. Rule is made returnable forthwith. Heard

finally by consent of learned counsel appearing for the parties.

2.

Shri V.A. Thakare, learned A.G.P., waives notice on

behalf of respondent Nos. 1 to 4.

3.

Shri P.N. Kothari, learned counsel, waives notice on

behalf of respondent No.5.

4.

In this petition, the petitioners have sought

declaration that as the surplus land acquisition proceedings

vide ULC Case No. 2715/1976 initiated by the respondents

under the provisions of The Urban Land (Ceiling and

Regulation) Act, 1976 (for short “ULC Act, 1976”) is lapsed,

the petitioners are entitled to continue with their possession in

respect of lands bearing Survey Nos. 27/1, 26/1 and 26/3,

situated at Mouza Gorewada, Tah. and District Nagpur.

5.

It is stated that the father of the petitioners was the

original owner and in possession of the agricultural lands as

WP 4279.2019.odt 4

stated above. The father of the petitioners expired long back,

and the petitioners inherited the subject lands, being his legal

representatives.

6.

The respondents initiated proceedings under the

provisions of the ULC Act, 1976. The Competent Authority

under the ULC Act, 1976 directed the father of the petitioners

to submit the statement under Section 6(1) of the ULC Act, and

in pursuance thereof, he had submitted the statement of

objection on 11/12/1985.

7.

On the basis of the aforesaid statement, and upon

enquiry, an order was passed by respondent No.2 under Section

9 of the ULC Act, 1976 on 06/04/1993, and final statement

was prepared and served upon the father of the petitioners

wherein the land admeasuring 16713 square meters was

shown as surplus land of the land owned by the petitioners’

father.

WP 4279.2019.odt 5

8.

Thereafter, a notification under Section 10(1) of the

ULC Act, 1976 was also issued on 06/04/1993, and the same

was also publishe