Case Note & Summary
The petitioners, twelve individuals residing in Kasar Vadavali, Thane, filed a writ petition in the Bombay High Court seeking a declaration that the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) in respect of Survey No. 25/1, admeasuring 3475 sq. meters, stood abated under the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The Deputy Collector and Competent Authority, Thane Urban Agglomeration, had passed an order dated 19 October 1988 under Section 8(4) of the ULC Act regarding various lands in Kavesar, Vadavali, and Owale. Survey No. 25/1 was in the green zone. Subsequently, on 5 October 1996, respondent No. 2 granted exemption under Section 20 of the ULC Act for the petitioners' lands, including the land from Survey No. 25/1, covering a total area of 9350 sq. meters. The petitioners argued that since the land was in the green zone and exemption was granted, and the State had not taken possession, the proceedings abated under the Repeal Act. The respondents contended that the proceedings had not abated. The court, after hearing both sides, held that the land in Survey No. 25/1 was in the green zone and exemption under Section 20 was granted. The State did not take possession of the land. Therefore, the proceedings under the ULC Act abated under Section 3 of the Repeal Act, 1999. The court allowed the petition and declared that the proceedings in respect of the alleged surplus area of Survey No. 25/1 stood abated.
Headnote
A) Urban Land Ceiling - Abatement of Proceedings - Repeal Act - Section 3 of Urban Land (Ceiling and Regulation) Repeal Act, 1999 - The petitioners sought declaration that proceedings under the ULC Act, 1976 regarding surplus land in Survey No. 25/1 abated under the Repeal Act, 1999. The court held that since the land was in green zone and exemption under Section 20 was granted, and no possession was taken by the State, the proceedings abated. (Paras 1-6)
B) Urban Land Ceiling - Exemption - Green Zone Land - Section 20 of Urban Land (Ceiling and Regulation) Act, 1976 - The court noted that the land in Survey No. 25/1 was in green zone and exemption was granted under Section 20. The State did not take possession of the land. Therefore, the proceedings abated under the Repeal Act. (Paras 3-6)
Issue of Consideration
Whether the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 in respect of the alleged surplus area of Survey No. 25/1 stand abated under the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Final Decision
The court allowed the writ petition and declared that the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 in respect of the alleged surplus area of Survey No. 25/1 of Village Vadavali, Taluka and District Thane, stand abated under the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Law Points
- Abatement of proceedings under Repeal Act
- 1999
- Section 3 of Urban Land (Ceiling and Regulation) Repeal Act
- Section 20 of Urban Land (Ceiling and Regulation) Act
- 1976
- Green zone land exemption
Case Details
2010 LawText (BOM) (08) 34
Writ Petition No. 4751 of 2008
D. D. Sinha, Mrs. Mridula Bhatkar
Mr. P. B. Anand for the Petitioners, Mr. C. R. Sonawane – AGP for the Respondents
Abdul Aziz Alisaheb Bharmar and others
The State of Maharashtra and Additional Collector & Competent Authority under U.L.C. Act, Thane
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Nature of Litigation
Writ petition seeking declaration of abatement of proceedings under the Urban Land (Ceiling and Regulation) Act, 1976.
Remedy Sought
Declaration that proceedings under the ULC Act, 1976 in respect of alleged surplus area of Survey No. 25/1 stand abated under the Repeal Act, 1999.
Filing Reason
The petitioners claimed that the proceedings under the ULC Act, 1976 regarding their land in Survey No. 25/1 should abate under the Repeal Act, 1999 as the land was in green zone and exemption under Section 20 was granted, and possession was not taken by the State.
Previous Decisions
Order dated 19 October 1988 under Section 8(4) of the ULC Act by Deputy Collector and Competent Authority, Thane; Order dated 5 October 1996 granting exemption under Section 20 of the ULC Act.
Issues
Whether the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 in respect of Survey No. 25/1 abated under the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Submissions/Arguments
Petitioners argued that the land in Survey No. 25/1 was in green zone and exemption under Section 20 was granted, and the State did not take possession, hence proceedings abated under the Repeal Act.
Respondents argued that the proceedings had not abated.
Ratio Decidendi
The proceedings under the ULC Act, 1976 abate under Section 3 of the Repeal Act, 1999 if the land is in green zone, exemption under Section 20 has been granted, and possession has not been taken by the State.
Judgment Excerpts
Petitioners in the present petition are seeking declaration that the proceedings under The Urban Land (Ceiling and Regulation) Act, 1976 in respect of alleged surplus area with regard to Survey No. 25/1 admeasuring 3475 sq. meters of Village Vadavali, Taluka and District Thane, stands abated in view of the provisions of Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Survey No. 25/1 of Village Vadavali was in green zone.
respondent No.2 vide Order dated 5th October 1996 granted exemption in respect of the lands belonging to the petitioners including the land out of Survey No. 25/1 under Section 20 of the Act of 1976.
Procedural History
The Deputy Collector and Competent Authority, Thane Urban Agglomeration, passed an order under Section 8(4) of the ULC Act on 19 October 1988. On 5 October 1996, exemption under Section 20 was granted. The petitioners filed Writ Petition No. 4751 of 2008 in the Bombay High Court seeking abatement of proceedings under the Repeal Act, 1999. The judgment was reserved on 6 August 2010 and pronounced on 17 August 2010.
Acts & Sections
- Urban Land (Ceiling and Regulation) Act, 1976: Section 8(4), Section 20
- Urban Land (Ceiling and Regulation) Repeal Act, 1999: Section 3
