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8. By an order dated 15th December 1987, out of the total landholding of 8,142.77 sq mtrs, an area of 6832.77 sq mtrs was exempted under Section 20 of the Urban Land (Ceiling & Regulation) Act, 1976 ("ULC Act"). Then, by an order dated 2nd February 1988 issued under Section 8(4) of the ULC Act, the entire surplus vacant land of 6,382.77 sq mtrs was exempted and only 500 mtrs of the total of 8,142,77 sq mtrs was allowed to continue in retention by the owners. It was clarified that no notification under Section 10(1) of the ULC Act would be issued while the exemption continued in force.

1st August 2017 Krishnakant S Parikh v The State Of Maharashtra @1-S341-12-J.DOC

11. On 13th January 1999 the exemption under Section 20 was withdrawn pursuant to the corrigendum and, resultantly a notification under Section 10(1) of the ULC Act was published on 27th April 2000 in the Government Gazette dated 2nd November 2000. By this notification, the owners were directed to lodge their objections or interest, if any in the suit land within thirty days of publication in the Government Gazette. The notification also contemplated that the proposed date for hearing of these objections would be after the expiry of these thirty days. The notification itself contained no date of a hearing. Interestingly, this date is left blank and it is so seen even in the original document. There is no evidence at all of any hearing. By an order dated 27th April 2000 the final statement under Section 9 of the ULC Act came to be issued. The owners were required to surrender CTS No. 626/13 and CTS No. 626/15 as surplus vacant land. A notification dated 18th July 2003 under Section 10(3) of the ULC Act followed and this was published in the Government Gazette on 21st August 2003. It was declared that with effect from 20th July 2003 the land would be deemed to have vested free from all encumbrances, charges and reservations in the State of Maharashtra.

15. Consequently, according to the Plaintiff, as on 6th December 2007, the date when the Urban Land Ceiling and Repeal Act 1999 ("the ULC Repeal Act") was published in the Government Gazette, possession was still with the owners. That Act came into force in Maharashtra on 29th November 2007 and since then the ULC Act 1976 ceased to apply. This is the appointed date and 1st August 2017 Krishnakant S Parikh v The State Of Maharashtra @1-S341-12-J.DOC possession was not taken by Defendants Nos. 1 and 4 from the Plaintiff and the original owner on or before the date of passing of the ULC Repeal Act, 29th November 2007. Thus, all proceedings, according to the Plaintiff, stood abated in relation to the suit land, which fell outside the ambit of the ULC Act.

3. Exhibit "X-3" P18/542 Revised final statement u/Sec.

9 of ULC Act, dated 27th April

4. Exhibit "X-4" D1/1/547 Notice u/Sec. 10 (5) of ULC Act, dated 19th March 2005

5. Exhibit "X-5" P19/551 Property card of Survey Nos.

1st August 2017 Krishnakant S Parikh v The State Of Maharashtra @1-S341-12-J.DOC Sr No Exhibit No. by Exhibit No Description of Document Commissioner and page as marked by Court 626/13 & 626/15