1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.295/2009 Madhukar Lahanu Tajanpure & Ors. Petitioners Vs. Additional Collector & Competent Authority & Ors. Respondents Mr.Tushar Sonawane for the petitioner Mr.V.S.Gokhale,AGP for the State Coram :J.N.Patel & Mrs.Mridula Bhatkar,JJ. Date :22nd June,2009 P.C.(Mrs.Mridula Bhatkar,J.) . Rule. 2] Rule returnable forthwith and heard finally by consent . 3] The petitioner has filed this petition praying to quash and set aside the proceeding initiated i.e. notice under section 10(3) of the Urban Lands (Ceiling & Regulation) Act, 1976 dated 27/10/2005 issued in official gazette and notice dated 17/11/2005 under section 10(5) of the said Act issued by the respondents in respect of the petitioner’s surplus vacant land i.e. 7374.82 sq.mtrs.,Gat no.25/3-B situates at Chehedi (Budruk ,Tal.& Dist.Nasik and Gat no.147/5 situates at Deolali, 2 Dist.Nasik .It is undisputed position that till today the respondents have not taken the possession of the land of the petitioner. 4] The respondents have filed affidavit in reply in which it is contended that by virtue of the notification under section 10(5) of the Urban Land (Ceiling & Regulation)Act, 1976 the land vests with the Government. It is admitted position that the possession was not handed over to the respondents. 5] The Urban Land (Ceiling & Regulation)Act,1976 was repealed on 29/11/2007 and so the proceedings under the said Act are abated since the said date. In the present matter the Government has not taken any steps under section 10(3) of the said Act. Thus,the case of the petitioner is covered under the decision of the Supreme Court Mukarram Ali Khan Vs. State of U.P.& Ors.,AIR, 2007,Hon’ble Supreme Court,6282; in which it is held as follows 5]Section-4 of the Repeal Act reads as follows : 4.Abatement of legal proceedings- All legal proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act ,before any Court, tribunal or other authority shall 3 abate; Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of the principal Act insofar as such proceedings are relatable to the land,possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority. 6] In view of the affidavit filed by the appellant to which no objection has been filed,undisputed position is that the State has not taken the possession over the surplus land.Therefore,the proceedings have to be treated to have abated under Section 4 of the Repeal Act. 6] Further reliance is placed on Voltas and Others Vs.Additional Collector & Competent Authority ,2008(5) Bom.C.R.746 and the SLP preferred against this decision was dismissed by the Hon’ble Supreme Court. 7] The petition will therefore have to be allowed in terms of prayer clause(b),which reads as follows. “ Be pleased to quash and set aside proceeding initiated i.e. Notice u/Sec.10(3) of the Urban Lands Ceiling & Regulation Act,1976 dated 27/10/2005 issued in official gazette at Page No.1439 and notice u/Sec. 10(5) of the Urban Lands Ceiling & Regulation Act, 1976 issued by the Respondents dated 17/11/2005 in respect of the Petitioners surplus vacant land i.e.the area admeasuring 4 7374=82 sq.mtrs.out of Gut No.25/3B situated at Chehedi (Budruk) Tal.District Nashik and Gut No.147/5 situated at Deolali,Tal.District Nashik by virtue of the Repeal Act 1999 and by virtue of the Sec.4 of the Repeal Act the land in question would revert back to the Petitioners.” Rule made absolute with no order as to costs. (J.N.Patel,J.) (Mrs.Mridula Bhatkar,J.) SRS