1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5241 OF 2007 WITH CIVIL APPLICATION NO.1233 OF 2008 Smt.Lilaraje Chintamanrao Patwardhan Since deceased by legal heir & Ors. ...Petitioners Versus The Competent Authority & Dy.Collector & Ors. ...Respondents ...... Mr.T.S.Ingale for Petitioners. Mr.V.S.Gokhale, A.G.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 13, 2010. P.C. 1. Heard Counsel for the parties. 2. In this Petition, the points for consideration are : (1) Whether the Appropriate Authority has taken over possession of the subject surplus vacant lands before the date of repeal of the Urban Land (Ceiling and Regulation) Act, 1976 in 1999. (2) If the answer to the above question is no, whether it is open 2 to the Appropriate Authority to proceed against the disputed land inspite of repeal of the said enactment in 1999. 3. Insofar as the first question is concerned, the affidavit filed on behalf of the Respondents clearly admits that possession of disputed lands continues with the Petitioner(s)/Declarant(s). Affidavit of Mr.Jotiba Tukaram Patil, Deputy Collector and Competent Authority, Urban Land Ceiling, Sangli dated 14th September 2007 which, in clear terms, accepts that the possession of the surplus land is not obtained by the Government and the same is still with the holder. Thus, the answer to the first question is obviously in favour of the Petitioners. 4. On this admitted position, we would proceed to examine the second question. That question, however, has now been authoritatively answered in the case of Voltas Ltd. & Ors. v. Additional Collector and Competent Authority & Ors. reported in 2008 (5) BCR 746, which view has been upheld by the Apex Court. The inevitable order that would follow in such a situation is to hold 3 that the proceedings under the Act of 1976 have lapsed and abated qua the lands held and possessed by the Petitioner(s)/Declarant(s). In that view of the matter, the Petition ought to succeed. 5. Accordingly, Petition is made absolute in terms of prayer clause b (i) and (ii) with no order as to costs. 6. In view of the above order, Civil Application stands disposed of. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)