1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.8852 OF 2007 Mrs. Hazel D’Souza & Ors. .. Petitioners Vs The State of Maharashtra & Ors. .. Respondents -- ALONG WITH WRIT PETITION NO. 8666 OF 2007 Shri Devrao B. Mhatre & Ors. .. Petitioners Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents -- ALONG WITH WRIT PETITION NO. 8668 OF 2007 Shri Nandkumar Hansraj Patil & Anr. .. Petitioners Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents -- ALONG WITH WRIT PETITION NO. 3374 OF 2008 Pawan Baug Co-op.Housing Society Ltd. & Ors.. Petitioners Vs The Additional Collector & Competent Authority, Greater Mumbai Urban Agglomeration & Anr. .. Respondents -- ALONG WITH WRIT PETITION NO. 8656 OF 2007 Mrs. Gracy D’Mellow & Ors. .. Petitioners Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents -- 2 ALONG WITH WRIT PETITION NO. 9333 OF 2007 Akhtar Hasan Rizvi, C.A. To Cecilia Mendonca. .. Petitioner Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents -- ALONG WITH WRIT PETITION NO. 9336 OF 2007 Akhtar Hasan Rizvi, C.A. To Martha D’Silva. .. Petitioner Vs The Additional Collector & Competent Authority (ULC) & Ors. .. Respondents -- Ms Manjusha Kumbhar i/by Shri Santosh Shetye for the Petitioners in Writ Petition Nos.8656 of 2007, 8666 of 2007 and 8668 of 2007. Shri S.G. Karandikar for the Petitioners in WP Nos.8656/07, 8666/07 and 8668/07. Shri R.R. Kalekar for the Petitioners in Writ Petition Nos.9333 of 2007 and 9336 of 2007. Shri S.R. Nargolkar, AGP for the State in WP Nos.8852 of 2007, 8656 of 2007, 8666 of 2007, 8668 of 2007, 9336 of 2007 and 3374 of 2008. Ms P.S. Cardozo, AGP for the State in WP No.9333 of 2007. -- CORAM : SWATANTER KUMAR, C.J. & A.M.KHANWILKAR, J DATED : 7TH DECEMBER, 2009 P.C. Affidavits in all the above Petitions have been filed. It is 3 not disputed before us that the possession of the land has not been taken and in none of them the scheme had been sanctioned and the Petitioners had not taken any benefit or exemption under the scheme. 2. Affidavits of the Competent Officer have been filed in all these cases admitting the fact that the possession so far had not been taken. In view of the above admitted position of fact and the settled principle of law in view of the judgment of this Court in the case of Voltas Ltd. & Anr. v. Additional Collector & Competent Authority & Ors., 2008(5) Bom.C.R. 746, the Petitioners would be entitled to retain their lands and no further action can be taken under the provisions of the Urban Land (Ceiling and Regulation ) Act, 1976 which Act in fact already stands repealed. 3. In view of the above cases, these Writ Petitions are allowed. The Petitioners are entitled to retain their respective lands in their possession. CHIEF JUSTICE A.M. KHANWILKAR, J