1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9825 OF 2009 1.Shri.Rajan Vishnu Kasar & ors. ...Petitioners vs. 1.The Addl.Collector & Competent Authority & ors. ...Respondents --- Mr.S.G.Karandikar, for Petitioners. Mr.S.R.Nargolkar, AGP for Respondent nos.1 to 3. Mr.R.S.Apte, Sr.Advocate with Mr.M.V.Limaye, for Respondent no.4. CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 27th January,2010. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. The facts that are relevant for disposing of this petition are that by order dated 30.4.1998 the land from the holding of the petitioner was declared as surplus. A scheme under Section 20 of the Urban Land (Ceiling and Regulation) Act was also 2 sanctioned for grant of exemption to the surplus land from the provisions of the Urban Land (Ceiling and Regulation) Act. By order dated 26.3.2007, the Additional Collector and the Competent Authority, Thane Urban Agglomeration, declared that the exemption granted to the land of the petitioner from the provisions of the Urban Land (Ceiling and Regulation) Act, is cancelled. ON 29.11.2007, the Urban Land (Ceiling and Regulation) Act is repealed in the State of Maharashtra by the Urban Land (Ceiling and Regulation) Repeal Act,1999. The petitioner, therefore, applied for permission to develop the land as, according to the petitioner, he continued in possession of the land and now even the scheme has also cancelled. In response to that letter, the Executive Engineer of the Corporation informed the petitioner by Communication dated 24.2.2009 that for consideration of his application for development, he should bring certificate from the Urban Land Ceiling Department of the Government that the the Urban Land (Ceiling and Regulation) Act does not apply to the land. 3 2. We have heard the learned Counsel appearing for both the sides. In our opinion, the Executive Engineer is not justified in asking the petitioner to get certificate from the Urban Land Ceiling Department. It was for the Executive Engineer to come to the conclusion whether the Urban Land (Ceiling and Regulation) Act applies to the land or not on the basis of the material that was produced before him and other such material which the Executive Engineer may collect. In view of this circumstances, in our opinion, the following order would meet the ends of justice:- (i) The Communication dated 24.2.2009 Exhibit E to the petition, is set aside. The Executive Engineer of the Corporation is directed to reconsider the issue on the basis of the material on his record including the material that may be produced by the petitioner and shall consider the application of the petitioner in accordance with law. The petitioner for that purpose shall appear before the Executive Engineer on 4 15.2.2010 together with all the relevant material which the petitioner wants the Executive Engineer to consider. The Executive Engineer thereafter shall dispose of the application of the petitioner in accordance with law, as expeditiously as possible, in any case within a period of two months from 15.2.2010. (ii) Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)