1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10410 OF 2009 Smt.Chandrabhaga Bhau Jadhav & ors. : Petitioners versus The State of Maharashtra & ors. : Respondents. Mr. G S Godbole with Ms. Pallaqvi Dabholkar for the Petitioners Mr. S R Nargolkar, GP, for the Respondent Nos.1, 2 and 4. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 22nd March 2010 ORDER ORDER. 1. Heard. 2. Rule. Rule returnable forthwith by consent of the Parties. 3. Briefly stated, the land bearing Gat No.5, 24 Part, 11, 43, 42 Part of village Morivali, Taluka Ambernath, District Thane is owned and possessed by the Petitioners herein. They had filed Returns under Section 6(1) of the Urban Land ( C & R) Act, 1976. The Petitioners were served with a notice under Section 8(3) of 2 the Act informing their objections to draft statement to be filed on or before 28.12.1982. Respondent No.2 passed an order under Section 8(4) of the Act in respect of various lands held by Bhau Pandu Jadhav – the predecesor in title of the Petitioners and other land owners. Pursuant to the said order under section 8(4) of the Act, Respondent No.2 issued notification dated 7/2/1983 under Section 10(1) of the said Act which was duly published in the official gazette. 4. However it is admitted position that the possession of the disputed lands continued with the Petitioners/declarants. That fact has been conceded in the affidavit filed before us by the Incharge Deputy Collector and Competent Authority dated 18 th March 2010. Considering the fact that the possession of the land still remains with the owners/declarants, in view of the exposition of this Court in the matter if Voltas Limited v/s. Additional Collector and Competent Authority, Thane dated 25 th July 2008 in Writ Petition No.8356 of 2006 which view has been upheld by the Apex Court, the inevitable order that needs to be passed in the 3 present petition is to accept the prayer for declaration that the proceedings under the provisions of Urban Land (Ceiling and Regulation) Act 1976 in respect of the disputed lands have lapsed and abated and cannot proceed any further. In the circumstances the Petitioners are entitled for the relief in terms of prayer clause (c) of the writ petition which reads thus :- “(c) That it be held and declared that on account of the adoption of the provisions of the U.L.(C&R) Repeal Act, 1999 by the Maharashtra Legislative Assembly and Maharashtra Legislative Council by passing Resolutions dated 29.11.2007 under Article 252(2) of the Constitution of India, published in MGG, the Order passed by Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, District Thane, Respondent No.2 herein u/s 8(4) of the U.L. (C&R) Act, 1976, on 18.01.1983 being Exhibit “B” to this Writ Petition, as also Notification dated 7.2.1983 u/s. 10(1) of the said Act published in M.G.G. Dated 17.2.1983 Part 1 at page 218 Notification dated 16.10.1984 Part 1 at pg. 1504 and notice dated 6.5.2006 issued u/s. 10(5) of the said Act, as on 29.11.2007 the 4 entry made in 7x12 extract being Exhibit “K”, “L” and “M” to this Writ Petition, and also the Mutation entry 1200 dated 26.02.2008 being Exhibit “K” to this Writ Petition, on the basis of order dt. 18.01.1983, so far as it relates to the area adm.11828 sq.mt. And 12949.95 sq.mt. of land bearing Gt No.42 and 43 of village Morivali, Taluka Ambernath, District Thane have lapsed, abated and have lost their legal efficacy. 5. In addition, the Petitioners also pray for the relief in terms of prayer clause (d) which reads thus :- “(d) That this Hon’ble Court may be pleased to issue a consequential Writ of Certiorari thereby quashing and setting aside Mutation Entry No.1200 made in the records of the village Morivali, Taluka Ambernath, District Thane being Exhibit “K” to this writ petition in so far as it relates to land adm.11828 sq.mt. and 12949.95 sq.mt. respectively bearing Gat No.42 and 43 of village Morivali, Taluka Ambernath, District Thane declared as excess 5 vacant land vide order dt. 18.01.1983 passed by Respondent No.2 herein u/s 8(4) of the U.L. (C & R) Act, 1976, being Exhibit “B” to this writ petition. 6. The learned Government Pleader submits that similar relief claimed in other matters has not been granted by this Court. It is however fairly accepted by the learned Government Pleader that there is no order in any of the matters already decided by this Court, which has expressly rejected such relief. It is possible that in those cases the Petitioners did not press for the said relief for reasons best known to them. In absence of any order expressly rejecting similar reliefs in the earlier petitions, it is not possible to deny the relief in terms of prayer clause (d) to the petitioners herein. In our opinion the relief in terms of prayer clause (d) is an incidental relief to the relief in terms of prayer clause (c) which is being granted under this order. For, Mutation Entry No.1200 was obviously the consequence of the proceedings under Urban Land (C&R) Act. Since the ULC proceedings have been declared as lapsed and abated, as a necessary corollary, this mutation entry 6 will have to be ignored as non-existant in the eyes of law. 7. In the circumstances, we have no hesitation to grant relief even in terms of prayer clause (d) as prayed for in this Petition. 8. Accordingly this petition is made absolute in terms of prayer clauses (c) and (d) with no order as to costs. (R M SAVANT, J.) (A M KHANWILKAR, J)