Mr. Francis Joseph Ferreira And Ors vs The Additional Collector And Competent ...

ik-168240746 Bombay High Court 4 December 2024 • Writ Petition No. 166 of 2009 • 42 min read

Judges (1)

Parties (4)

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-168240746). First appeal challenging a trial court judgment dismissing a suit for declaration that the plaintiffs continued to be in possession of vacant land under the Urban Land (Ceiling and Regulation) Act, 1976. The Court found that the notice under Section 10(5) of ULC was dispatched on 21 March 2006 and the 30-day period had not elapsed when authorities took possession on 17 April 2006, meaning plaintiffs remained in possession on the date of ULC Act repeal (6 December 2007). The appeal was allowed The case was heard by Justice Sharmila U. Deshmukh.

Summary

First appeal challenging a trial court judgment dismissing a suit for declaration that the plaintiffs continued to be in possession of vacant land under the Urban Land (Ceiling and Regulation) Act, 1976. The Court found that the notice under Section 10(5) of ULC was dispatched on 21 March 2006 and the 30-day period had not elapsed when authorities took possession on 17 April 2006, meaning plaintiffs remained in possession on the date of ULC Act repeal (6 December 2007). The appeal was allowed, the trial court judgment was set aside, and the suit was decreed.

What was the outcome of Mr. Francis Joseph Ferreira And Ors vs The Additional Collector And Competent...?

First appeal challenging a trial court judgment dismissing a suit for declaration that the plaintiffs continued to be in possession of vacant land under the Urban Land (Ceiling and Regulation) Act, 19...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-168240746)