-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1166 OF 2008 NO.1166 OF 2008 NO.1166 OF 2008 Hiraman Shankar Kadam and ors. ...Petitioners v/s Additional Collector and Competent Authority (ULC), Nashik and ors. ...Respondents Mr R.S. Apte i/b Mr Ashutosh Gole for Petitioners. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. It appears that the land from the holding of the petitioners was declared as surplus under the provisions of Urban Land (Ceiling and Regulation) Act 1976. An order under subsection (5) of section 10 of the said Act was made on 5th July 2007 asking the petitioners to handover possession of the land declared as surplus within 30 days from 5th July 2007. The petitioners therefore filed this petition. The main contention is that the petitioners have not handed over possession pursuant to the notice dated 5th July 2007 and that because of the Repeal Act i.e. Urban Land (Ceiling and Regulation) Repeal Act 1999, made effective from 29th November 2007, now all proceedings in relation to surplus land have lapsed and the State Government cannot take possession of the land under the provisions of the said Act and that the land stands reverted back to the petitioners. It is common ground that the question to be decided in this petition has been decided by the Division Bench of this Court in writ petition No.8356 of 2006 (Voltas Ltd. and anr. v/s Additional Collector and Competent Authority, Urban Agglomeration, Thane and ors.) on 25th July 2008 to which one of us (D.K. Deshmukh J.) is a party, where the Division Bench -3- has held that if possession of the land is not taken in accordance with law by the Government before 29th November 2007, the proceedings under the said Act lapsed and the land which stands vested in the State Government in view of the provisions of the said Act reverts back to the land owner. In view of that judgment, rule in the petition is made absolute in terms of prayer clauses (a) and (b). No order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)