2015 (3) ABR 623

Bombay High Court

Hon'ble Judge(s): A. S. Oka, A. P. Bhangale , JJ

( A ) Urban Land (Ceiling and Regulation) Repeal Act (15 of 1999) S. 3 , 4 — Urban Land (Ceiling and Regulation) Act (33 of 1976), Ss. 8(4), 20 — Exemption — To vacant land holder — Repeal of Act (1976) by Repeal Act (1999) — Publication of Draft Development Plan under Maha-rashtra Regional and Town Planning Act (1966) whereunder substantial portion of vacant land of land holder was reserved for various purposes — Government accordingly permitted modification of order granting exemption under S. 20 of Act (1976) after repeal of Act (1976) — After repeal of Act (1976) the Repeal Act (1999) not only saved validity of order granting exemption under S. 20 but also power to enforce and modify conditions — Such modifications valid.As the State Government intends to exercise the power of modification, the relief of cancelling or setting aside the said order cannot be granted at this stage. We must note here that the order under sub-section (4) of Section 8 of the ULC Act has become final and, therefore, the prayer for setting aside the said order will have to be rejected. 2014 (6) Mh LJ 829 (FB), Followed. (Paras27 2833)As the State Government intends to exercise the power of modification, the relief of cancelling or setting aside the said order cannot be granted at this stage. We must note here that the order under sub-section (4) of Section 8 of the ULC Act has become final and, therefore, the prayer for setting aside the said ord....