In our previous article titled "ULC premium to be
imposed only on surplus vacant land and not land held within
ceiling limits"1, we examined a judgment
passed by the Hon'ble Bombay High Court on 30th March, 2023 in
Salim Alimahomed Porbanderwalla and Another vs State of
Maharashtra and Another in Writ Petition No. 4849 of 2022
wherein it was held that for land within the ceiling limits i.e.
land which the petitioners were always entitled to continue to
hold, there cannot be a premium levied, nor can there be a revenue
entry relating to Section 20 of the Urban Land (Ceiling on Holding)
Act, 1976 ("ULC Act"). The Hon'ble
Court had observed that for the surplus vacant land which was
exempted under the Section order, the Petitioners had paid the full
premium and were therefore entitled to have the revenue entry
deleted.
