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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 ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:35:22 ::: 9 2wp7050.2014 possession of the land to the State.
Bombay High Court Cites 15 - Cited by 25 - C K Thakker - Full Document

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 ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:35:22 ::: 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.
Bombay High Court Cites 8 - Cited by 2 - N Mhatre - Full Document
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