-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.8784 OF 2007 NO.8784 OF 2007 NO.8784 OF 2007 Shri Vishwanath N. Kelkar and anr. ...Petitioners v/s The State of Maharashtra and ors. ...Respondents Ms Deepa Chavan i/b Mr V.M. Bhate for Petitioners. Mr C.R. Sonawane, AGP for Respondent Nos.1 to 3. Mr R.G. Ketkar for Respondent No.4. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 21ST JULY 2008. -2- P.C. :- 1. By this petition, the petitioners challenge the order passed by the Appellate Authority under section 33 of Urban Land (Ceiling and Regulation) Act 1976. By that order, the Appellate Authority has confirmed the order dated 30th October 2004 passed by the Additional Collector and Competent Authority, Pune under section 8(4) of the said Act. Perusal of the order shows that the main ground of appeal was that survey No.6/1 of village Dhankawadi, Taluka Haveli, District Pune does not amount to vacant land within the meaning of the Act because the property is without any access. Now, the only question arises for consideration is whether on the date of commencement of the Act i.e. 17th February 1976 the property was landlocked and had no access. The only document on which the petitioners rely in support of this contention was the Certificate issued by the Pune Municipal Corporation dated 11th October 201. Perusal of that Certificate shows that in that Certificate there is not even a word about the situation of the land, as on the date of commencement of the Act whether the land in question had any access on the date of commencement of the Act. Therefore, to establish the position in relation to the land on the -3- date of commencement of the Act i.e. February 1976, the document was of no help. If this document is excluded from consideration, there is admittedly no other document on record to establish the case of the petitioners that as on the date of commencement of the Act the land in question was landlocked and had no access. In this view of the matter, therefore, in our opinion, no exception can be take to the order of the Appellate Authority. Petition is devoid of any substance. It is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary as true copy. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)