HC stays CM's order on surplus land on 4 cases
Even as the Maharashtra assembly was busy debating the resolution to repeal the Urban Land Ceiling Act, the Bombay HC stayed chief minister’s order that declared the land owned by four different individuals surplus.
By TNN |
MUMBAI: In an irony of sorts the Bombay High Court has rapped the Maharashtra chief minister Vilasrao Deshmukh by staying his decision declaring land holdings of four individuals as “surplus” under the land control act which is on its way out.
Even as the Maharashtra assembly was busy debating the resolution to repeal the Urban Land Ceiling (Regulation) Act (Ulcra), the Bombay HC stayed chief minister’s order that declared the land owned by four different individuals’ surplus.
The petitions in this regard were filed by Gracy Demello, Nandkumar Patil, Devrao Mhatre and Mohammad Amin, all affected by the chief minister’s action. All the pieces of land in question are located in Mumbai or the surrounding areas. Ms Demello’s as well as Mr Patil’s land is situated in Mumbai, while Mr Mhatre’s is in neighbouring Kalwa and Mr Amin’s real estate is in the Thane.
Under the Act any individual holding more than 5,000 sq. ft of land in Mumbai stand to lose it to the government. The Act allows government to determine surplus land and take it over accordingly to use it for “social cause”. All of them in this case had received notices from the collectors declaring their land-holdings surplus.
As per the notice they needed to surrender surplus land to the government failing which the government has an option to take it over along with imposing penalty. All four filed appeals before respective divisional commissioners against the notices.
Before it could be heard at the commissioners’ level, the chief minister, who also holds the urban development ministry that handles ULC cases, decided to clear all pending ULC cases before the Act could be repealed in the current session of the legislature. As a result early this month petitioners were called for hearing before the chief minister.
The chief minister, according to them, didn’t consider their plea. They contended that they were given hardly any chance to present their case as several cases were disposed of in a matter of few hours. All four approached the High Court seeking redressal.
A division bench stayed the chief minister’s decisions and asked the government to file affidavits in two weeks.
Prima facie though it’s a routine government matter, it also highlights the way the Act has been used, a section of the government feels.
There are several litigation that have challenged the government’s discretionary powers under the ULC pending before various courts. Though the Act is being repealed now it will take a while before all the land locked in legal battles is freed.
Even as the Maharashtra assembly was busy debating the resolution to repeal the Urban Land Ceiling (Regulation) Act (Ulcra), the Bombay HC stayed chief minister’s order that declared the land owned by four different individuals’ surplus.
The petitions in this regard were filed by Gracy Demello, Nandkumar Patil, Devrao Mhatre and Mohammad Amin, all affected by the chief minister’s action. All the pieces of land in question are located in Mumbai or the surrounding areas. Ms Demello’s as well as Mr Patil’s land is situated in Mumbai, while Mr Mhatre’s is in neighbouring Kalwa and Mr Amin’s real estate is in the Thane.
Under the Act any individual holding more than 5,000 sq. ft of land in Mumbai stand to lose it to the government. The Act allows government to determine surplus land and take it over accordingly to use it for “social cause”. All of them in this case had received notices from the collectors declaring their land-holdings surplus.
As per the notice they needed to surrender surplus land to the government failing which the government has an option to take it over along with imposing penalty. All four filed appeals before respective divisional commissioners against the notices.
Before it could be heard at the commissioners’ level, the chief minister, who also holds the urban development ministry that handles ULC cases, decided to clear all pending ULC cases before the Act could be repealed in the current session of the legislature. As a result early this month petitioners were called for hearing before the chief minister.
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The chief minister, according to them, didn’t consider their plea. They contended that they were given hardly any chance to present their case as several cases were disposed of in a matter of few hours. All four approached the High Court seeking redressal.
A division bench stayed the chief minister’s decisions and asked the government to file affidavits in two weeks.
Prima facie though it’s a routine government matter, it also highlights the way the Act has been used, a section of the government feels.
There are several litigation that have challenged the government’s discretionary powers under the ULC pending before various courts. Though the Act is being repealed now it will take a while before all the land locked in legal battles is freed.
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