GAJANAN KAMLYA PATIL versus ADDL. COLLECTOR & COMP. AUTH. & ORS.

Citation: [2014] 1 S.C.R. 1032 · Decided: 14-02-2014 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2014] 1 S.C.R. 1032 
GAJANAN KAMLYA PATIL 
v. 
ADDL. COLLECTOR & COMP. AUTH. & ORS. 
(Civil Appeal No. 2069 of 2014) 
FEBRUARY 14, 2014 
[K.S. RADHAKRISHNAN AND VIKRAMAJIT SEN, JJ.) 
Urban Land (Ceiling and Regulation) Act, 1976: s.10(3), 
(4), (5), (6) - Notice issued under the ULC Act to the 
C appellants-land owners to hand over possession of the land 
in question and in case of failure, authorities would take 
necessary action for taking possession by application of 
necessary force - Meanwhile, Act repealed - Notice 
challenged by land owners - Held: Nothing to show that land 
D owners had voluntarily surrendered or authorities had taken 
peaceful or forcible possession of land in question - It was 
always open to the authorities to take forcible possession and, 
in fact, in the notice issued u/s. 10(5) of the ULC Act, it was 
stated that if the possession is not surrendered, possession 
E would be taken by application of necessary force - For taking 
forcible possession, certain procedure had to be followed - No 
case made out by authorities that such procedure was followed 
and forcible possession was taken - Further, there was nothing 
to show that the authorities had taken peaceful possession, 
F nor there was anything to show that the land owners had given 
voluntary possession - Facts clearly indicated that only de jure 
possession was taken by the authorities and not de facto 
possession before coming into force of the repeal of the Act 
- Therefore, it cannot hold on to the land in question, which 
were legally owned and possessed by the land owners -
G Consequently, the notice and subsequent action taken therein 
in view of the repeal of the ULC Act quashed - Urban Land 
(Ceiling and Regulation) Repeal Act, 1999. 
The appellant was issued a notice dated 17.2.2005 
H 
1032 
GAJANAN KAMLYA PATIL v. ADDL. COLLECTOR & 1033 
COMP. AUTH. 
under Section 10(5) of the Urban Land (Ceiling and 
A 
Regulation) Act, 1976 for taking possession of his land 
bearing Survey Nos.47/10 and 54/4. Aggrieved by the 
notice, the appellant filed a writ petition before the High 
Court to quash the notice dated 17.2.2005 and also for a 
declaration, inter alia, that the land bearing Survey No.54/ 
B 
4 admeasuring 1870 sq. meters was in the physical 
possession of the appellant and would continue to vest 
as such with the appellant as true and actual owner 
,thereof. The appellant also sought a declaration that in 
view of the Urban Land (Ceiling and Regulation) Repeal c 
Act, 1999, the proposed action of the authorities for taking 
possession of the land be declared as null and void and 
also prayed for other consequential reliefs. 
The High Court after examining the provisions of the 
ULC Act as well as the provisions of the ULC Repeal Act D 
and also taking note of the affidavit filed by the State 
Government and by the Mumbai Metropolitan Region 
Development Authority (MMRDA) noticed that so far as 
Survey No.47/10 was concerned, the possession was not 
takeri over by MMRDA. However, as far as land in Survey 
E 
No.54/4 was concerned, the appellant was granted liberty 
to move the civil court for establishing his claim over the 
property in question. The instant appeals were filed 
challenging the order of the High Court. 
Allowing the appeals, the Court 
F 
HELD: 1. The Competent Authority published a 
notification dated 17 .1.2000 under Section 10(1) of the 
Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) 
in the Gazette of Government of Maharashtra wherein the 
G 
land held by the appellant was shown as the land to be 
acquired by the Government of Maharashtra. Following 
that, notification dated 14.3.2000 under Sub-Section (3) of 
Section 10 of the ULC Act was published notifying the 
H 
1034 
SUPREME COURT REPORTS 
[2014] 1 S.C.R. 
A public that the land shown in the schedule therein was 
covered and the land in Survey No.54/4 as well would be 
considered to be acquired by the Government of 
Maharashtra w.e.f. 15.6.2000 and the said land would be 
vested with the Government of Maharashtra from the said 
B date. The Competent Authority then issued yet another 
notification dated 2.8.2002 for information of the public 
that the land described in the schedule therein which 
included the land in Survey No.54/4 as well, have been 
considered to be acquired by the Government of 
c Maharashtra w.e.f. 15.9.2002 and the said land would be 
vested for all purposes free from all charges to the 
Government of Maharas

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