1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4826 OF 2008 Rohidas Shankar Bhoir : Petitioner versus The State of Maharashtra and ors. : Respondents. Mr. S G Karandikar for the Petitioner. Mr. R D Bhere, AGP for the State/Respondents. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 14 th June 2010 P.C. 1 Rule, made returnable forthwith and heard by the consent of the parties. 2 By the above Petition, the Petitioner, who is the owner of the land in question seeks, seeks certain reliefs on the basis of the repeal of Urban Land (Ceiling and Regulation), Act, 1976 which repeal has come into operation on 27th November 2007. The main question which arise for consideration is whether the possession of the land in question has been taken by the Respondents pursuant to the proceedings adopted under the Urban Land (Ceiling & Regulation) Act, 1976. 2 2 In so far as the said question is concerned, an Additional Affidavit in Reply has been filed on behalf of the Respondent No.1 by one Kamalesh Sakharam Sonale, Incharge Deputy Collector and Competent Authority Ulhasnagar Urban Agglomeration, Thane, which was filed pursuant to the directions issued by this Court. In the said additional affidavit it has been in terms stated in para 5 that actual and physical possession of the land in question has not been taken by the Respondents. 3 In the light of the said statement, the prayers sought by the Petitioner in the above Petition have to be granted and the above Petition is required to be allowed in view of the law laid down by this Court in the matter of Voltas Ltd and ors v/s. Additional Collector and Competent Authority, reported in 2008(5) BCR 746 which judgment has been upheld by the Apex Court. The above Petition is therefore allowed in terms of prayer clauses (b) and (c) which are as under :- (b) By issuing appropriate writ/direction/order, it be declared that the provisions of erstwhile Urban Land (Ceiling & Regulation) Act, 1976 are no more applicable to the land i.e. Survey No.1 Hissa No.4 admeasuring 4842 sq.mtrs. Which is held by the Petitioner and which was declared as surplus under the provisions of erstwhile Urban Land (Ceiling & Regulation) Act, 1976. (c) By issuing appropriate writ/direction/order, the impugned Notifications under Sections 10(1) dated 9/1/2003, 10(3) dated 27/11/2003 and 3 notice under Section 10(5) dated 5/4/2005 be quashed and set aside since the same has become inoperative in view of the provisions of the Repeal Act, 1999.” Rule is accordingly made absolute to the aforesaid extent. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]