Case Note & Summary
The petitioners, legal heirs of the original land owner Chandrakant Trimbakrao Rajebahadur (Respondent No.5), filed a writ petition under Article 226 of the Constitution challenging the order dated 13th December 1979 passed by the Deputy Collector and Competent Authority (ULC), Nashik. The land owner held various parcels of land in the Nashik Urban Agglomeration, including vacant land, built-up land, and a green belt land at Survey No.668/4 (CTS No.724) measuring 2309.89 sq.m. Upon enforcement of the Urban Land (Ceiling and Regulation) Act, 1976 with effect from 17th February 1976, the land owner submitted his returns under Section 6(1) of the Act to the Competent Authority. The Competent Authority, by order dated 13th December 1979, rejected some of the objections raised by the land owner through the draft communicated to him, and held that the property at Survey No.668/4 (CTS No.724) was not included in the holding. The petitioners, being aggrieved, approached the High Court. The Court examined the submissions and found that the Competent Authority had correctly rejected the objections. The Court held that the green belt land was part of the urban agglomeration and was rightly included in the holding. The petition was dismissed, upholding the order of the Competent Authority.
Headnote
A) Urban Land Ceiling - Inclusion of Green Belt Land - Section 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 - The land owner submitted returns under Section 6(1) and the Competent Authority rejected objections regarding the inclusion of Green Belt land in the holding. The Court upheld the Authority's order, holding that the land was rightly included as part of the urban agglomeration and no exemption was available. (Paras 1-2)
Issue of Consideration
Whether the land at Survey No.668/4 (CTS No.724) classified as Green Belt land was liable to be included in the holding of the land owner under the Urban Land (Ceiling and Regulation) Act, 1976.
Final Decision
The petition was dismissed. The order of the Competent Authority dated 13th December 1979 was upheld.
Law Points
- Urban Land Ceiling
- Green Belt Land
- Exemption
- Section 6(1) Returns
- Competent Authority's Order
- Writ Jurisdiction
Case Details
2006 LawText (BOM) (03) 26
Civil Writ Petition No.1112 of 1992
B.H.Marlapalle, D.B.Bhosale
Mr.R.A.Thorat for petitioners, Mr.P.M.Patil, AGP for Resp.Nos.1 to 4, Mr.P.N.Karlekar for Resp.No.5
Archana Abhay Wani & ors.
The Deputy Collector & Competent Authority (ULC), Nasik & ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the order of the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976.
Remedy Sought
Petitioners sought to quash the order dated 13th December 1979 passed by the Deputy Collector and Competent Authority (ULC), Nashik, which rejected objections regarding inclusion of green belt land in the holding.
Filing Reason
The land owner's objections regarding the inclusion of Survey No.668/4 (CTS No.724) classified as Green Belt land were rejected by the Competent Authority.
Previous Decisions
The Competent Authority by order dated 13th December 1979 rejected objections and held that the green belt land was not included in the holding.
Issues
Whether the green belt land at Survey No.668/4 (CTS No.724) was liable to be included in the holding of the land owner under the Urban Land (Ceiling and Regulation) Act, 1976.
Submissions/Arguments
Petitioners argued that the green belt land should not have been included in the holding. Respondents supported the Competent Authority's order.
Ratio Decidendi
The green belt land is part of the urban agglomeration and is rightly included in the holding under the Urban Land (Ceiling and Regulation) Act, 1976. No exemption is available for such land.
Judgment Excerpts
On the enforcement of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for short) with effect from 17th February 1976 the said respondent submitted his Returns under Section 6(1) of the said Act to the Competent Authority at Nashik who in turn by his order dated 13th December 1979 rejected some of the objections taken by the land owner through the draft communicated to him and the property at Survey No.668/4 (CTS No.724) was held to be not included in the holding.
Procedural History
The land owner submitted returns under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976. The Competent Authority passed an order on 13th December 1979 rejecting objections. The petitioners filed Civil Writ Petition No.1112 of 1992 before the Bombay High Court challenging that order. The High Court dismissed the petition on 21st March 2006.
Acts & Sections
- Urban Land (Ceiling and Regulation) Act, 1976: Section 6(1)
