VIJAY KISAN KATE Vs. STATE OF MAHARASHTRA & ORS
HIGH COURT OF BOMBAY
Vijay Kisan Kate
STATE OF MAHARASHTRA AND ORS
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A. S. Oka, J. -
(1.) The Writ Petition was taken up for final disposal in view of the observations made by the Apex Court in the order dated 7th October, 2016.
(2.) With a view to appreciate the submissions canvassed across the bar, basic factual controversy will have to be noted. The petitioner claims to be an owner of various properties described in clause (b) of paragraph 3 of the present writ petition. According to the case of the petitioner, after his birth, certain properties (as mentioned in clause (d) of paragraph 3) out of the properties set out in clause (b) paragraph 3 were sold by his grandfather Jayaji Kate. The petitioner is relying upon genealogy of his family at the time of coming into force of the Urban Land (Ceiling and Regulation) Act, 1996 (for short "the ULC Act").
(3.) According to the case made out in the petition, statements/returns under Sub-Section 1 of Section 6 of the ULC Act were filed. On 15th April, 1981, on the basis of the statements submitted under Sub-Section 1 of Section 6 of the ULC Act, the Competent Authority passed a common order under Sub-Section 4 of the Section 8 of the ULC Act. By the order dated 15th April, 1981, four members of the family of the petitioner who filed returns were held entitled to retain a total area 4000 square meters of vacant land (1000 square meters each) out of their total land holding. An area of 37,569.06 square meters was declared as the land held in excess of ceiling limits. According to the case of the petitioner, under the development plan sanctioned under the Maharashtra Regional and Town Planning Act, 1966, certain areas out of the holding of the petitioner's family were shown under reservation.;
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