Sudarshan Chemical Industries Limited vs State of Maharashtra through its Chief Secretary

Judgment text excerpt

WP12014_2024.DOC 2025:BHC-AS:11947-DB PVR / Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12014 OF 2024 Sudarshan Chemical Industries Ltd. ...Petitioner Vs. 1. The State of Maharashtra 2. The Collector and Competent Authority (ULC) ...Respondents _______ Mr. Pravin Samdani, Sr. Adv. a/w Mr. Shailendra Kanetkar for Petitioner. Ms. Shruti D. Vyas, Addl. G.P. a/w Mr. M. M. Pabale, AGP for State. Mr. Sunil Chaturvedi i/b. Chiyarajawala & Co. for respondent nos. 2 to 4. _______ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. RESERVED ON: 12 February 2025 PRONOUNCED ON: 13 March, 2025 JUDGMENT (Per G. S. Kulkarni, J.) PREFACE 1. This petition under Article 226 of the Constitution of India raises an issue under the repealed Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the ULC Act’). The petitioner is a beneficiary of an order dated 29 February 1980 passed under Section 20(1) of the ULC Act whereby the land in question was exempted from Chapter III of the ULC Act, on the condition that the land shall be used only for industrial purposes. 2. The petitioner in the present writ petition has made a money claim, namely, claiming a refund of the premium amount of Rs.5,30,95,030/- paid by the petitioner to the State Government on 11 October 2022 inter alia Page 1 of 35 February 2025 WP12014_2024.DOC under Government Resolution dated 1 August 2019. By such Government Resolution, the State Government offered to close all pending cases/issues under Section 20 of the ULC Act, by accepting a one time premium. Another Government Resolution dated 23 June 2021 was issued by the Government to streamline the process of implementation of earlier Government Resolution dated 1 August 2019. The petitioner taking benefit of the stipulation o