14.wp.3174.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3174 OF 2009 Shri Vishwas Baburao Patil and 2 others. ..Petitioners. Versus State of Maharashtra and 3 others. ..Respondents. .... Mr.Rahul P. Walvekar, Advocate for the petitioners. Mr.V.S. Gokhale, A.G.P., for respondent Nos.1 to 3. Mr.S.S. Patwardhan, Advocate for respondent No.4. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH DECEMBER, 2009 P.C.:- 1. By this Petition, the petitioners challenge the order dated 4th September, 2008. The facts which are relevant are that pursuant to a return filed by the petitioners, the land from the holdings of the petitioners was declared as surplus. Therefore, the petitioners filed an application for exemption of their land from the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the 14.wp.3174.09 2 ULC Act, 1976", for brevity) under Section 20 of the ULC Act, 1976. Pursuant to that application, an order was made on 12.3.1993 exempting the excess land from the provisions of the ULC Act, 1976. One of the conditions for grant of exemption was that land admeasuring 2670 square meters was to be handed over to the State Government. By order dated 4th September, 2008 that land i.e. land admeasuring 2670 square meters has been alloted by the State Government to respondent No.4 Society. The submission of the learned Counsel appearing for the petitioners is that that the ULC Act, 1976 has been repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 in the State of Maharashtra w.e.f. 29.11.2007, the State Government could not have made the allotment order. The allotment order has been made by the State Government in exercise of its power under the exemption order passed under Section 20 of the ULC Act, 1976 dated 12.3.1993. Perusal of the provisions of Section 3 of the Repeal Act shows that the repeal of the principal Act does not affect the validity of an order granting exemption under sub-section (1) of Section 14.wp.3174.09 3 20. In other words, though the Act has been repealed, the order granting exemption under Section 20 of the ULC Act , 1976 continues to be valid. Therefore, in our opinion, the State Government despite repeal of the Act will continue to enjoy powers conferred on it by the order made under sub- section (1) of section 20 and, therefore, in our opinion the order dated 4th September, 2008 is within the authority of the State Government under the exemption order. The petition is, therefore, rejected. (D.K.DESHMUKH,J) (K.K. TATED,J)