1 wp-4427-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4427 OF 2010 Yashwanta Amruta Dharve & Anr. ..Petitioners versus The Deputy Collector & Competent Authority, Ulhasnagar & Ors. ..Respondents Mr. P. D. Dalvi for Petitioners. Mr. V. S. Gokhale - AGP for Respondents. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 30, 2010. P.C. : 1. Heard the learned counsel for the petitioners and the learned AGP for the respondents. 2. The following facts are not in dispute: i. That the petitioners filed their returns under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976. ii. After holding an enquiry, the competent authority 2 wp-4427-10 passed an order on 17th April, 1982 under Section 8(4) of the Act and declared an area admeasuring 11606.24 sq. mts. as a surplus land from Survey No. 46/11, 75/1, 84/4, 85/9, 139/2, 45/7, 96/2, 75/5, 88/9, 87/6 of Village Shirgao, Tal: Ambernath, Dist: Thane. iii. Thereafter, on 11st June 1982 Notification under Section 10 (1) was issued by the competent authority under the provisions of Urban Land (Ceiling and Regulation) Act, 1976, on 1st November 1984 Notification under Section 10(3) was issued, and on 13th June 2005 Notice under Section 10(5) was issued to the land owner directing them to hand over possession of the land on 13th July, 2005. 3. It is submitted that factual possession of the said lands was never taken by the competent authority either on the date the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force nor thereafter till today. 4. In the back-drop of the above referred facts, it is not in dispute that the issue is covered by the decision of this Court in the case of Voltas Ltd. & Anr. vs. Additional Collector and Competent Authority, Thane & 3 wp-4427-10 Ors. reported in 2008(5) ALL MR 537. 5. In the circumstances, therefore the notification dated 11th June, 1982 under Section 10(1), notification dated 1st November 1984 under Section 10(3) and notice dated 13th June, 2005 under Section 10(5), stands abated. Proceedings initiated by the Authorities under the Urban Land Ceiling Act are nullified. Writ petition is disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)