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1 - 7 of 7 (0.20 seconds)Voltas Limited, A Company Registered ... vs The Tahsildar, The Collector, Thane ... on 10 March, 2003
14. Having considered the various submissions, we find that
present petition involves two issues. Firstly, the effect of the Repeal
Act/entitlement of the present petitioners to claim the lands as
freehold lands. Secondly, the effect of the complaint filed before
the Deccan Police Station, Pune. Apropos the first issue, the facts of
the present case are clearly covered by the decision of this Court in
Voltas Ltd. (supra) which holds that if possession of the vacant land
is not taken before 29th November, 2007, vesting of the land is
inconsequential. As a result the Competent Authority cannot make
an order directing the present petitioners to surrender or deliver
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possession of the land to the State.
Vinayak Kashinath Shilkar vs Dy.Collector & Competent Auth.& Ors on 29 February, 2012
17. Furthermore, in Vinayak Kashinath Shilkar (supra) the
Supreme Court observed that in paragraph 10 reads thus :
The Urban land (Ceiling and Regulation) Repeal Act, 1999
The Indian Penal Code, 1860
Section 3 in The Urban Land (Ceiling And Regulation) Act, 1976 [Entire Act]
Parshuram Kashinath Chavan And Anr. vs The State Of Maharashtra [Alongwith ... on 29 March, 2007
19. Pendency of the complaint and the trial need not detain
the petitioners' application for use of the land. Admittedly,
possession of the land is still with the petitioners. It is the
petitioners' case that they are still cultivating the land. This
contention has not been denied. Furthermore, in case of Parshuram
Joshi (supra), it was observed that in the facts of that case, that an
application has been made for grant of occupancy certificate which
was kept pending. The Court held that the application could not be
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12 2wp7050.2014
rejected though a CID inquiry was in progress. If the document is
alleged to be fabricated then the present case as well trial of the
C.R. 622 of 2006 can continue as none of the petitioners have been
named as accused.
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