Case Note & Summary
The petitioners, legal heirs of the original petitioner Vidyachandra Raoji Mehta, challenged the order dated 30.4.1988 of the Appellate Authority under the Urban Land (Ceiling and Regulation) Act, 1976, which upheld the order of the Deputy Collector and Competent Authority declaring certain properties as vacant and in excess of the ceiling limit. The main contention before the authorities was that a civil suit for partition (Civil Suit No.172 of 1975) was pending in the Court of Civil Judge, Senior Division, Solapur, between the petitioners and respondent Nos.3 to 6. The petitioners argued that the properties could not be treated as belonging to them individually until partition was effected. The Competent Authority and the Appellate Authority rejected this contention, holding that the pendency of a partition suit does not bar proceedings under the Act. The High Court, in its judgment delivered on January 27, 2005, by a Division Bench comprising Chief Justice Dalveer Bhandari and Justice S.A. Bobde, dismissed the writ petition. The Court held that the Urban Land Ceiling Act is a self-contained code and the authorities are not bound by the outcome of a civil suit. The Court found no error in the concurrent findings of fact and dismissed the petition with no order as to costs.
Headnote
A) Urban Land Ceiling - Declaration of Excess Vacant Land - Pending Partition Suit - The pendency of a civil suit for partition does not preclude the Competent Authority from proceeding under the Urban Land (Ceiling and Regulation) Act, 1976, to declare land as vacant and in excess of the ceiling limit. The Act is a self-contained code and the authorities are not bound by the outcome of a civil suit. (Paras 1-3)
B) Urban Land Ceiling - Appellate Authority - Scope of Appeal - The Appellate Authority under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976, has the power to confirm, modify, or annul the order of the Competent Authority. The High Court in writ jurisdiction will not interfere with concurrent findings of fact unless perverse or without jurisdiction. (Paras 1-3)
Issue of Consideration
Whether the pendency of a civil suit for partition of properties bars the Competent Authority from declaring the properties as vacant and in excess of the ceiling limit under the Urban Land (Ceiling and Regulation) Act, 1976.
Final Decision
The High Court dismissed the writ petition, holding that the pendency of a civil suit for partition does not bar the authorities from proceeding under the Urban Land (Ceiling and Regulation) Act, 1976. No order as to costs.
Law Points
- Urban Land Ceiling Act
- 1976
- Section 6
- Section 8
- Section 33
- pending partition suit
- declaration of excess vacant land
- Competent Authority
- Appellate Authority
Case Details
2005 LawText (BOM) (01) 4
Writ Petition No.5740 of 1988
Dalveer Bhandari, C.J., S.A. Bobde, J.
Mr.N.V.Walawalkar for the petitioners, Mr.V.P.Malvankar, Asstt. Govt. Pleader for respondent Nos.1, 2 & 11, Mr.G.S.Godbole for respondent Nos.4, 5 & 6, Shri A.M. Desai for respondent Nos.7 to 10
Vidyachandra Raoji Mehta, since deceased by his heirs and legal representatives: 1. Shri Shirish Vidyachandra Mehta, 2. Shri Bahubali Vidyachandra Mehta, 3. Smt.Bakulabai Vidyachandra Mehta, 4. Mrs.Rohini Shreekant Doshi, 5. Miss Tanuja V. Mehta
1. Dy. Collector and Competent Authority, Solapur, Urban Agglomeration, Solapur. 2. Collector, Solapur, Acting as an Appellate Authority under sec. 33 of the Urban Land (Ceiling and Regulation) Act, 1976. 3. Smt.Lalitabai Prakashchandra Mehta (deleted). 4. Shri Sureshchandra Prakashchandra Mehta. 5. Shri Subhashchandra Prakashchandra Mehta. 6. Smt. Sujata Prakashchandra Mehta. 7. Shirish Vidyachandra Mehta. 8. Bahubali Vidyachandra Mehta. 9. Sou. Gajarabai Manikchand Shah. 10. Sou. Kantabai Arvind Shah. 11. State of Maharashtra.
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Nature of Litigation
Writ petition challenging the order of the Appellate Authority under the Urban Land (Ceiling and Regulation) Act, 1976, which upheld the declaration of properties as vacant and in excess of the ceiling limit.
Remedy Sought
The petitioners sought to quash the order dated 30.4.1988 of the Appellate Authority and the order of the Competent Authority declaring their properties as excess vacant land.
Filing Reason
The petitioners contended that a civil suit for partition (Civil Suit No.172 of 1975) was pending, and therefore the properties could not be treated as belonging to them individually for the purpose of ceiling limits.
Previous Decisions
The Competent Authority declared the properties as vacant and in excess of the ceiling limit. The Appellate Authority upheld that order on 30.4.1988.
Issues
Whether the pendency of a civil suit for partition bars the Competent Authority from declaring properties as vacant and in excess of the ceiling limit under the Urban Land (Ceiling and Regulation) Act, 1976.
Submissions/Arguments
The petitioners argued that since a civil suit for partition was pending, the properties could not be treated as belonging to them individually, and the authorities should have awaited the outcome of the suit.
The respondents contended that the Urban Land Ceiling Act is a self-contained code and the authorities are not bound by the pendency of a civil suit.
Ratio Decidendi
The Urban Land (Ceiling and Regulation) Act, 1976, is a self-contained code and the authorities under the Act are not bound by the outcome of a civil suit for partition. The pendency of such a suit does not preclude the Competent Authority from declaring land as vacant and in excess of the ceiling limit.
Judgment Excerpts
The main contention before the authorities under the Act was that a civil suit for partition of the properties, being Civil Suit No.172 of 1975 was pending in the Court of Civil Judge, Senior Division, Solapur, between them and respondent Nos.3 to 6 herein.
The Appellate Authority has upheld the order of the Deputy Collector and Competent Authority by which the Competent Authority declared various properties of the petitioner as vacant and in excess of the ceiling area prescribed by the Act.
Procedural History
The Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976, declared the petitioners' properties as vacant and in excess of the ceiling limit. The petitioners appealed to the Appellate Authority under Section 33 of the Act, which dismissed the appeal on 30.4.1988. The petitioners then filed the present writ petition in the High Court of Bombay.
Acts & Sections
- Urban Land (Ceiling and Regulation) Act, 1976: Section 6, Section 8, Section 33
