1wp-5216-08 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.5216 OF 2008 WITH CIVIL APPLICATION No.1377 OF 2009 Prakash Chavgonda Patil ..Petitioner. vs. The Union of India & Ors. ..Respondents. Mr S.C. Naidu i/b M/s C.R. Naidu & Co. for the Petitioner. Ms S.V. Bharucha, Advocate for respondent No.1. Mr V.C. Gokhale, A.G.P., for Respondent Nos.2 and 3. Mr N.V. Walawalkar i/b Sudhir Prabhu, Advocate for Respondent Nos. 4. 2wp-5216-08 CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 23RD NOVEMBER,2009 P.C.:- The petitioner, in this petition, challenges the order that was passed in the year 1981. The relationship of the petitioner with the land was also snaped in the year 2001 when the land was vested in the Government. In our opinion, therefore, any subsequent change in the development plan will not give any cause of action to the petitioner. The explanation that has been given for laches is incapable of being accepted. The petitioner submits that because the amount of compensation has not been paid he gets continuing cause of action to challenge the order passed in the year 1981. In our opinion, if the amount of compensation is not paid the only prayer for which he can approach this Court or the 3wp-5216-08 Government for payment of compensation and not to challenge the acquisition. The petitioner by this petition has mainly challenged the constitutional validity of a provision in the Urban Land (Ceiling and Regulation) Act on the basis of which land from his holding was declared as surplus in the year 1981. The U.L.C.Act continued in force in the State of Maharashtra till 29.11.2007. From that date it has been repealed. This petition has been filed after repeal of the U.L.C.Act challening constitutional validity of a provision which was contained in the Act, which has already been repealed. The Writ Petition is hereby rejected. Civil application is also disposed of accordingly. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)