ZAINULABEDIN ABDUL RAZZAK KOKNI AND ORS. vs THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY, NASHIK AND ORS.

Judgment text excerpt

WP_3922_16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3922 OF 2016 Zainulabedin Abdul Razzak Kokni & Ors. … Petitioners vs. The Additional Collector and Competent Authority, Nashik and others … Respondents WITH INTERIM APPLICATION NO. 1160 OF 2025 M/s. Nirman Estate Developers Pvt. Ltd. … Applicant In the matter between: Zainulabedin Abdul Razzak Kokni & Ors. … Petitioners vs. The Additional Collector and Competent Authority, Nashik and others … Respondents IN WRIT PETITION NO. 3922 OF 2016 Mr. Vivek Salunkhe a/w Mr. Akshay Petkar, Mr. Vivek M. Punjabi, Mr. Ashish Venugopal and Mr. Priyansh R. Jain for Petitioners. Ms. Neha S. Bhide, Govt. Pleader, a/w Mr. O. A. Chandurkar, Addl. G. P. and Ms. R. M. Shinde, AGP for Respondent Nos.1 to 3-State. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. Reserved on : 27th FEBRUARY, 2026 Pronounced on : 27th APRIL, 2026 ORDER: (Per Manish Pitale, J) . The petitioners claim that proceedings in respect of the subject lands under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as ‘ULC Act’) abated and that they are entitled to benefit of Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as ‘ULC Repeal Act’). According to the petitioners, since possession of the subject lands was never taken by the State in accordance with the provisions Digitally signed by PRIYA PRIYA KAMBLI Date: KAMBLI 2026.04.28 14:59:57 +0530 1/26 WP_3922_16.doc of the ULC Act, with the enactment of the ULC Repeal Act and operation of Section 4 thereof, the proceedings abated and consequently, notification and notices issued by respondent- Competent Authority under the provisions of the ULC Act, deserve to be set aside. As opposed to this, the r