1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 40 OF 2009 Kaushalya G. Wadhwa Gerimal .. Petitioner Versus The State of Maharashtra, and others .. Respondents Shri A. Y. Sakhare, Senior Counsel, i/b M/s Y. K. S. Legal for the petitioner Shri V. S. Gokhale, AGP for the Respondents 1 to 3 – CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 16th June, 2009 ORAL ORDER ( Per Mrs. Mridula Bhatkar, J.) 1. Heard. 2. Rule, returnable forthwith. 3. By consent of the parties, taken up for final hearing. 4. These petitions are filed to quash and set aside the orders dated 31st October, 2006 passed by the Respondent No.3 under Section 10(1), 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 and the notices issued under Sections 10(5) and 11(7) of the said Act, dated 4.1.2007 and 7.4.2007, pending Appeal. 5. Being aggrieved with the decision of the Competent Authority, the petitioners have preferred Appeal before the Additional Commissioner under Section 33 of the said Act, on 20th November, 2007 and in view of the repeal of the ULCR Act, the appeal was kept for disposal. 2 6. In view of Section 4 of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 on 29th November, 2007, all the proceedings under the said Act stand abated. Therefore, the petition is allowed in terms of prayer clauses (a) , (b) and (c) which read as under: (a) To quash and set aside :- (i) The order dated 31.10.2006, passed by the respondent no. 2, with respect to CTS No. 37, 31/1 to 86 declaring surplus land of 3542.4 sq. mtrs. Of land as a surplus land thereby further subsequent orders wth respect to the saiid plot passed by the Competent Authority under the Act to implement the order dated 31st Oct6ober, 2006, with respect to the said plot. (ii) Notification dated 4.1.2007 issued by the respondent no.1; (iii) The notice dated 7.4.2007, issued by the Additional Collector, the Competent Authority; (b) It be declared that the proceedings pending befor ethe Competent Authority and Order dated 31st October, 2007, Notification dated 4.1.2007, and Notice dated 7th April, 2007, issued by the Additional Collector, the Competent Authority issued under the ULCR Act with respect to CTS No.37, 31/1 to 86 declaring surplus land of 3542.4 sq. mtrs. of land as a surplus land thereby further subsequent orders with respect to the said plot passed by the Competent Authority under the Act to implement the order dated 31st Oct6ober, 2006, with respect to the said plot, in possession of the petitioner stood lapsed and stands released; (c) That the respondents 2 and 3, its agent, servants, officers or any other person or persons acting on its behalf be restrained from taking possession of the plot of land more particularly being CTS No. 37,37/1 to 86, situated at village Kaneri, Tq. Borivali of Mumbai Suburban District. Rule is made absolute. ( MRIDULA BHATKAR, J.) (J. N. PATEL, J.)