1 wp941-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.941 OF 2011 Prakash Manohar Ukrande and ors. ..Petitioners Vs The State of Maharashtra and ors. ..Respondents -- Mr.S.B.Deshmukh, for petitioners. Mr.V.S.Gokhale, for respondent nos.1 and 2. -- CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 15 th FEBRUARY, 2011 P.C: Heard learned counsel for the parties. 2] Rule, returnable forthwith. 3] Learned counsel for the petitioners submits that the issue sought to be raised in this petition is squarely covered in the judgment of this Court in the case of Voltas Ltd. and anr. Vs. Additional Collector and Competent Authority, Thane Urban Agglomeration and ors, 2008 (5) BCR 746. 4] The Deputy Collector and Competent Authority, Urban Agglomeration, Pune has filed Affidavit-in-reply dated 14 th February, 2011. In the third paragraph of the said Affidavit-in-reply, it is stated that the possession of the excess vacant land was not taken before 29 th November, 2007 i.e.prior to the adoption of Urban Land (Ceiling and Regulation) 2 wp941-11.sxw Repeal Act, 1999. 5] In view of the above, petition is liable to be allowed. In the result, Rule is made absolute in terms of prayer clause (a). No order as to the costs. [R.G.KETKAR, J.] [V.C.DAGA, J.]