Supreme Court of India · 2012-02-29
VINAYAK KASHINATH SHILKAR vs DY.COLLECTOR & COMPETENT AUTH..
- Citation / case number
- SC 2009/10987
- Court
- Supreme Court of India
- Petitioner
- VINAYAK KASHINATH SHILKAR
- Respondent
- DY.COLLECTOR & COMPETENT AUTH..
- Author
- R.M. LODHA
- Bench
- H.L. GOKHALE R.M. LODHA
Judgment text excerpt
The Supreme Court held that the Urban Land (Ceiling and Regulation) Act, 1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, which was adopted by the Maharashtra Legislative Assembly on November 29, 2007. The Court found that despite the vesting of land under Sections 10(3) and 10(5) of the Act, actual possession remained with the appellant, as there was no evidence of possession being taken by the State. The Court reversed the Bombay High Court's dismissal of the writ petition, declaring the proceedings abated due to the repeal of the Act.