Case Note & Summary
The petitioners, nine individuals, filed a writ petition challenging 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 4849 sq mts of land at CS No. 30/A/1/6, Village Chandivali, Taluka Kurla, Mumbai. The demand was purportedly based on a Government Resolution dated 1st August 2019. The petitioners contended that the ULC Act had been repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, which came into force in Maharashtra on 29th November 2007. They argued that no final statement under Section 8(4) of the ULC Act had been issued and no vesting under Section 10(3) had occurred before the repeal, and therefore the proceedings had lapsed. The court agreed, noting that the matter was fully covered by its earlier decisions in Salim Alimohomed Porbanderwalla & Anr vs State of Maharashtra & Anr (2023 SCC OnLine Bom 731) and Voltas Ltd & Anr v Municipal Commissioner of Thane Municipal Corporation & Ors. The court held that since no final statement or vesting had taken place before the repeal, the demand was unsustainable. The petition was allowed, the impugned demand was quashed and set aside, and rule was made absolute. No order as to costs.
Headnote
A) Urban Land Ceiling - Repeal of ULC Act - Demand for Excess Land - The petitioners challenged a demand of Rs 6,09,66,477 raised by the District Collector under the Urban Land (Ceiling and Regulation) Act, 1976 for an area of 4849 sq mts. The court held that since no final statement under Section 8(4) was issued and no vesting under Section 10(3) occurred before the repeal of the Act on 29th November 2007, the proceedings lapsed and the demand was unsustainable. The court relied on its earlier decisions in Salim Alimohomed Porbanderwalla and Voltas Ltd. (Paras 1-5). B) Urban Land Ceiling - Government Resolution dated 1st August 2019 - Validity - The demand was purportedly based on a Government Resolution dated 1st August 2019. The court held that the GR could not revive proceedings that had already abated due to the repeal of the ULC Act. The demand was quashed and set aside. (Paras 2-5).
Issue of Consideration
Whether a demand for payment in lieu of excess vacant land under the Urban Land (Ceiling and Regulation) Act, 1976 can be sustained after the repeal of the Act, when no final statement under Section 8(4) or vesting under Section 10(3) had occurred before the repeal date.
Final Decision
The petition is allowed. The impugned demand of Rs 6,09,66,477 is quashed and set aside. Rule is made absolute. No order as to costs.
Law Points
- Urban Land (Ceiling and Regulation) Act
- 1976
- Repeal Act
- 1999
- Section 3
- Section 4
- Section 5
- Section 6
- Section 8
- Section 10
- Section 11
- Section 20
- Section 21
- Section 27
- Government Resolution dated 1st August 2019
- Competent Authority
- District Collector
- Demand Notice
- Excess Vacant Land
- Vesting
- Final Statement
- Draft Statement
- Objections
- Final Disposal
- Writ Petition
- Rule
- Final Relief
