Case Note & Summary
The petitioner, Estate Cooperative Housing Society Limited, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition challenging the acquisition of land by the State Government under the Urban Land (Ceiling and Regulation) Act, 1976. The lands in question originally belonged to the Khatib family and were subject to proceedings under the ULC Act. The Collector allowed transfer of 14 H 64 R from Survey No. 750 to the petitioner by order dated 31 December 1993 on payment of Nazrana. The petitioner claimed to have purchased various portions of land from Survey Nos. 750, 751, and 755 from the original owners through registered sale deeds between 1992 and 1998, paying total consideration of Rs. 6,63,18,741.98. However, the land had already been declared excess vacant land under Section 8(4) of the ULC Act, and notifications under Section 10(1) and 10(3) had been published, resulting in automatic vesting of the land in the State Government. The petitioner sought regularization of the acquisition or compensation. The court held that once the land vests in the State under Section 10(3), the original owner loses all rights, and any subsequent sale is void. The petitioner, having purchased after vesting, acquired no title and was not entitled to any relief. The petition was dismissed.
Headnote
A) Urban Land Ceiling - Vesting of Excess Vacant Land - Section 10(3) of Urban Land (Ceiling and Regulation) Act, 1976 - Automatic Vesting - Once a notification under Section 10(1) is published in the Official Gazette, the excess vacant land vests absolutely in the State Government free from all encumbrances. Any subsequent transfer by the original owner is void and confers no title on the purchaser. The petitioner society purchased land after such vesting and hence has no right to claim compensation or regularization. (Paras 1-3) B) Cooperative Housing Society - Purchase of Land After Vesting - No Right to Relief - The petitioner society purchased portions of land from the original owners between 1992 and 1998, but the land had already vested in the State Government under Section 10(3) of the ULC Act. The society's claim for compensation or regularization was rejected as the vesting had already taken place. (Paras 2-3)
Issue of Consideration
Whether the petitioner cooperative housing society, which purchased land after it had already vested in the State Government under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976, is entitled to any relief or regularization of the acquisition.
Final Decision
The petition was dismissed. The court held that the land had vested in the State Government under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976, and the petitioner's subsequent purchase conferred no title. No relief was granted.
Law Points
- Vesting of excess vacant land under Section 10(3) of Urban Land (Ceiling and Regulation) Act
- 1976 is automatic upon publication of notification under Section 10(1)
- subsequent sale by original owner after vesting is void
- no right to compensation for purchaser after vesting.
