High Court dismisses petition on validity of land ceiling Act

The Bombay High Court on Tuesday dismissed a petition challenging the constitutional validity of the Maharashtra legislatures repeal of the Urban Land Ceiling Act.

Petitioner P B Samant and others have challenged the adoption of Parliament-enacted Urban Land Ceiling Act by the Maharashtra legislature in November 2007 on the grounds that the Centre had forced the state to adopt the repealing law,by making release of funds conditional on it. The petitioners advocate had argued that before Maharashtra adopted the ULCA repeal law,a memorandum of understanding was signed by the state,the Municipal Corporation of Mumbai and the Union Government.

The MoU,in October 2006,said that if state were to repeal the ULCA (by adopting Parliaments law),Mumbai,would get funds under the Jawaharlal Nehru National Urban Renewal Mission. It was also argued that it was approved by the Cabinet and not the council of ministers.

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The petitioners contended that the executive had dictated to the legislature in this case and this violates the basic features of Constitution.

However,government pleader Niranjan Pandit argued that it has been validly adopted by the state legislature and the two houses. He stated that the court has no power to go into this issue.

A division bench of Chief Justice Swatanter Kumar and Justice D Y Chandrachud dismissed the petition.

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