1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.338 OF 2010 ... Shri Vasant Bhikaji Jare ...Petitioner v/s State of Maharashtra & Anr. ...Respondents ... Mr.S.M.Gorwadkar for the Petitioner. Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH, & A.R.JOSHI, JJ DATED: 4 th March, 2010 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. The petitioner was holding urban land. 2 Return was filed on commencement of the Urban Land Ceiling Act and pursuant to that return the order was made on 5-10-2006 declaring 3617 sq.meters of land surplus. Notification under Section 10(3) as also notice under Section 10(5) was issued. But possession of the surplus land was not taken till 29-11-2007 when the Urban Land (Ceiling & Regulation) Act 1976 was repealed by Urban Land (Ceiling & Regulation) Repeal Act, 1999. 3. The contention of the Petitioner is that in view of the repeal Act all further proceedings in relation to the surplus land abates. 4. The State Government has filed an affidavit. In the affidavit also the Government has clearly stated that the actual and physical possession of the surplus land 3 has not been taken. In view of this position and the provisions of the Repeal Act and the judgment of the Division Bench of this Court in the case of Voltas Ltd. Vs. Additional Collector & Competent Authority & ors., 2008(5) Bom.C.R.746 the petition will have to be allowed. The Petition thus succeeds and is allowed. It is clear that in view of the provisions of the Repeal Act all further proceedings under the Urban Land Ceiling Act in relation to the land of the Petitioner which was declared surplus by order dated 5-12-2006 have abated. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)