30. wp 4182-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4182 OF 2010 1. Smt. Sakhubai Ragho Kumbar, ] Age : 46 Years, ] 2. Smt. Rakhamabai Kathod Phulore, ] 3. Smt. Matubai Bacchu Gaikwad, ] 4. Smt. Sakhubai Bacchu Gaikwad, ] 5. Smt. Bhagubai Baliram Gaikwad, ] 6. Kumari Yogita Baliram Gaikwad, ] 7. Shri. Bharat Kathod Phulore, ] No. 1 to 7 all major, ] Occ. : Agriculturists, R/at. Village Pisavali, ] Taluka Kalyan, Dist. Thane. ] (All through their Power of Attorney Holder ] Shri. Dinesh R. Patel, Partner of K.R. ] Enterprises) ] 8. K.R. Enterprises, a Partnership Firm, ] duly registered under the Indian Partnership] Act, 1932, having its office at 1, Triveni ] Jyot, Shrikrishna Nagar, Dombivali (W), ] Dist. Thane. Through its Constituted ] Attorney Mr. Dinesh R. Patel. ] Petitioners Versus 1. The State of Maharashtra through its ] Secretary to the Ministry of Urban Land ] (Ceiling and Regulation) Act, 1976 having ] office at Mantralaya, Mumbai - 400 032. ] 1 30. wp 4182-10.doc 2. Deputy Collector and Competent ] Authority, Ulhas Nagar, Urban ] Agglomeration, having office at 4th Floor, ] Collector's office, Thane. ] 3. The City Survey Officer, ] Ulhas Nagar Urban Agglomeration, ] Thane having office at 4th Floor, ] Collectorate Office, Thane. ] 4. The Tahasildar, ] Taluka Kalyan, Dist. Thane. ] (Copies for the Respondents to be served ] on A.G.P. Writ Cell, High Court (AS), ] Mumbai.) ] Respondents Ms. Pallavi Dabholkar for the Applicants Mr. Sameer Patil, AGP for Respondent Nos. 1 to 4 CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 8th NOVEMBER, 2011. ORAL JUDGMENT : [ Per S.A. Bobde, J ] 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. It is not disputed that the certain area admeasuring 1172 sq. mt. from Survey No. 33/2 Part of Village Pisavali, Taluka Kalyan, Dist. Thane was declared surplus under the provisions of Urban 2 30. wp 4182-10.doc Land (Ceiling & Regulation) Act, 1976. It is also not disputed that though notices under Sections 10(1), 10(3) and 10(5) are issued and the mutation of land was done in the name of Government, the actual physical possession of the land was not taken over by the Government at any point of time till 29th November, 2007, that is the date on which the Act was repealed or even thereafter. 3. Vide paragraph 3 of the affidavit-in-reply, the respondents have stated that in fact, the Principal Secretary, Urban Land (Ceiling & Regulation) Act 1976 has issued a Circular on 12th May, 2010. Further, it is stated that the respondent no. 2 has issued a direction for deletion of Notification under Section 10(3) of Principal Act on the subject land on 18th September, 2010 with direction to Tahasildar of Kalyan to correct the land record of the petitioner. In this view of the matter, Rule is made absolute in terms of the prayer clauses (a) to (d) which read as follows: a) That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of Writ of Mandamus thereby directing the Deputy Collector & Competent Authority, Ulhasnagar Urban Agglomeration, Dist. Thane, Respondent No. 2 herein to forthwith withdraw and / or cancel the order dated 20th August 1997 passed by respondent no. 2 herein, in so far 3 30. wp 4182-10.doc it relates to land admeasuring 1172 sq mtr declaring land admeasuring 1172 sq.mtr. from out of land bearing Survey No. 33, Hissa No. 2 of Village Pisavali, Taluka Kalyan, Dist. Thane as excess vacant land, being Exhibit "B" to this Writ Petition as also Notification dated 6th October 1997 u/S. 10(1) of the said Act being Exh. 'C' to this Writ Petition, Notification dated 16.11.2005 u/s. 10(3) of the said Act being Exh. D to this Writ Petition and notice dated 18.01.2006 issued u/s. 10(5) of the said Act being Exh. E to this Writ Petition. b) That this Hon'ble High Court may be pleased to issue a Writ of Certiorari or any other Writ, Order or Direction in the nature of Writ of Certiorari, thereby quashing and setting aside the order dated 20.08.1997 passed by respondent no. 2 herein, declaring land admeasuring 1172 sq. mtr. from out of land bearing Survey No. 33, Hissa No. 2 of Village Pisavali, Taluka Kalyan, Dist. Thane as excess vacant land, being Exh. "B" to this Writ Petition as also Notification dated 06.10.1997 u/s. 10(1) of the said Act being Exh. 'C' to this Writ Petition, Notification dated 16.11.2005 u/s. 10(3) of the said Act being Exh. 'D' to this Writ Petition and notice dated 18.01.2006 issued u/s 10(5) of the said Act being Exh. 'E' to this Writ Petition. 4 30. wp 4182-10.doc 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 & Competent Authority, Ulhasnagar Urban Agglomeration, Dist. Thane, Respondent No. 2 herein u/s 8(4) of the U.L. (C & R) Act, 1976, on 20.08.1997 being Exh. "B" to this Writ Petition, as also Notification dated 06.10.1997 u/s 10(1) of the said Act; Notification dated 16.11.2005 u/s 10(3) of the said Act, and notice dated 18.01.2006 issued u/s 10(5) of the said Act, and Mutation Entry No. 784 made in VF No. VI, being Exh. 'C', 'D', 'E' and 'H' to this Writ Petition, in so far as they relate to the area admeasuring 1172 sq.mtr. of land bearing Survey No. 33/2 Part of Village Pisavali, Taluka Kalyan, Dist. Thane have lapsed, abated and have lost their legal efficacy; d) That this Hon'ble High Court may be pleased to issue a Consequential Writ of Certiorari thereby quashing and setting aside Mutation Entry No. 784 made in the records of the Village Pisavali, Taluka Kalyan, Dist. Thane being 5 30. wp 4182-10.doc Exhibit 'G' to this Writ Petition in so far as it relates to land admeasuring 1172 sq. mt. bearing Survey No. 33/2 of Village Pisavali, Taluka Kalyan, Dist. Thane. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 6