Mr. Francis Joseph Ferreira And Ors vs The Additional Collector And Competent ...
Judges (1)
Case Significance
Mr. Francis Joseph Ferreira And Ors vs The Additional Collector And Competent... is a Bombay High Court decision dated December 4, 2024 (citation: ik-131243106). The appellants challenged the dismissal of their suit seeking declaration that the Competent Authority's possession of vacant land under the Urban Land (Ceiling and Regulation) Act, 1976 was illegal. The Court found that the Section 10(5) notice was despatched on 21 March 2006 and the 30-day period had not elapsed when possession was taken on 17 April 2006, meaning the Authority had no power to take possession. Since the appellants continued in possession on the date of repeal of the ULC Act The case was heard by Justice Sharmila U. Deshmukh.
Summary
The appellants challenged the dismissal of their suit seeking declaration that the Competent Authority's possession of vacant land under the Urban Land (Ceiling and Regulation) Act, 1976 was illegal. The Court found that the Section 10(5) notice was despatched on 21 March 2006 and the 30-day period had not elapsed when possession was taken on 17 April 2006, meaning the Authority had no power to take possession. Since the appellants continued in possession on the date of repeal of the ULC Act (6 December 2007), the first appeal was allowed and the suit was decreed.
What was the outcome of Mr. Francis Joseph Ferreira And Ors vs The Additional Collector And Competent...?
The appellants challenged the dismissal of their suit seeking declaration that the Competent Authority's possession of vacant land under the Urban Land (Ceiling and Regulation) Act, 1976 was illegal. ...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-131243106)