Case Note & Summary
The petitioner, Smt. Sitabai Ramchandra Lonkar, filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 13th August 2002 and the subsequent exemption order dated 2nd February 2005 under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act). The land in question was Survey No.26/5 (Old) corresponding to Survey No.29/5 (New) admeasuring 26800 sq. meters with House No.17 at Village Katraj, Taluka Haveli, District Pune. The Deputy Collector declared the petitioner as holding excess vacant land of 14,715 sq. meters, later reduced to 13,243.50 sq. meters. The State Government granted exemption under Section 20(1) of the ULC Act for the said excess land. The petitioner contended that a Draft Development Plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) was published on 30th November 2005, which reserved a substantial portion of the land for public purposes, making it impossible to implement the terms of the exemption scheme. The petitioner made a representation on 31st December 2007 to the Competent Authority seeking modification of the exemption order. The Court considered whether the petitioner could seek modification after the repeal of the ULC Act. The Court noted that the petitioner had not implemented the scheme despite the exemption and that the ULC Act had been repealed. The Court held that the petition was not maintainable as the petitioner had no locus standi after the repeal. The Court dismissed the petition and the connected civil application.
Headnote
A) Urban Land Ceiling - Section 20 Exemption - Modification of Exemption Order - Petitioner sought modification of exemption order under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 on the ground that the land was reserved in the Draft Development Plan, making it impossible to implement the scheme - The Court held that the petitioner failed to implement the scheme despite the exemption, and after the repeal of the ULC Act, no modification can be sought - The petition was dismissed (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to modification of the exemption order under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 on the ground that the land was reserved in the Draft Development Plan, and whether the petition is maintainable after the repeal of the ULC Act.
Final Decision
The Writ Petition and the Civil Application are dismissed.
Law Points
- Urban Land Ceiling Act
- Section 20 exemption
- Development Plan reservation
- Repeal of ULC Act
- Locus standi after repeal
- Implementation of exemption scheme
Case Details
2015 LawText (BOM) (04) 33
WRIT PETITION NO.6312 OF 2010 WITH CIVIL APPLICATION NO.449 OF 2015
Shri S.G. Karandikar and Ms. Manjiri Parasnis for the Petitioner; Shri Sunil V. Manohar, Advocate General along with Shri V.S. Gokhale, AGP for the Respondents
Smt. Sitabai Ramchandra Lonkar
The State of Maharashtra & Others
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India challenging orders under the Urban Land (Ceiling and Regulation) Act, 1976.
Remedy Sought
Modification of the exemption order under Section 20 of the ULC Act due to reservation in the Draft Development Plan.
Filing Reason
The petitioner claimed that due to reservation of the land in the Draft Development Plan, she could not implement the terms of the exemption scheme.
Previous Decisions
Order dated 13th August 2002 declaring excess vacant land, amended by order dated 17th December 2004, and exemption order dated 2nd February 2005 under Section 20 of the ULC Act.
Issues
Whether the petitioner is entitled to modification of the exemption order under Section 20 of the ULC Act on the ground of reservation in the Draft Development Plan.
Whether the petition is maintainable after the repeal of the ULC Act.
Submissions/Arguments
Petitioner argued that the Draft Development Plan reserved a substantial portion of the land, making it impossible to implement the exemption scheme.
Respondent argued that the petitioner failed to implement the scheme and that the ULC Act has been repealed, so no modification can be sought.
Ratio Decidendi
After the repeal of the Urban Land (Ceiling and Regulation) Act, 1976, the petitioner has no locus standi to seek modification of the exemption order under Section 20, especially when the petitioner failed to implement the scheme despite the exemption.
Judgment Excerpts
The Petition relates to the land bearing Survey No.26/5 (Old) corresponding to Survey No.29/5 (New) admeasuring 26800 sq. meters together with House No.17 admeasuring 353.03 sq. meters constructed thereon situated at Village Katraj, TalukaHaveli, District – Pune.
The Petitioner filed a statement under Subsection (1) of Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976.
By an order dated 13th August 2002 of the Deputy Collector and Competent Authority No.III, Pune Urban Agglomeration, Pune, passed in exercise of the powers under Subsection (4) of Section 8 of the ULC Act, it was declared that the Petitioner was holding vacant land admeasuring 14,715 sq. meters in excess of the ceiling limit.
The said order was amended by a further order dated 17th December 2004 and it was held that the Petitioner was holding the land admeasuring 13,243.50 sq. meters in excess of the ceiling limit.
On an Application made by the Petitioner, an order of exemption dated 2nd February 2005 was passed under Subsection (1) of Section 20 of the ULC Act by the State Government.
The Petitioner made a representation dated 31st December 2007 to the Additional Collector and Competent Authority, Pune Urban Agglomeration, Pune pointing out that considering the fact that the substantial portion of the said land was under reservation under the Draft Development Plan, it was not possible for her to implement the terms and conditions of the Scheme under Section 20 of the ULC Act sanctioned under the order dated 2nd February 2005 by making construction of dwelling
Procedural History
The petitioner filed a statement under Section 6 of the ULC Act. The Deputy Collector passed an order under Section 8(4) on 13th August 2002, amended on 17th December 2004. The State Government granted exemption under Section 20 on 2nd February 2005. The petitioner made a representation on 31st December 2007. The petitioner filed the present Writ Petition in 2010. The petition was heard on 1st April 2015 and judgment pronounced on 10th April 2015.
Acts & Sections
- Urban Land (Ceiling and Regulation) Act, 1976: Section 6, Section 8, Section 20
- Maharashtra Regional and Town Planning Act, 1966:
- Constitution of India: Article 226
