1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1645 OF 2010 Mr.Noor Mohd Usman Memon : Petitioner. Versus The State of Maharashtra and ors. : Respondents. Mr. Vishal Patil i/by Mr. P M Pradhan for the Petitioner. Smt. P S Cardoza, AGP for the Respondents/State CORAM : P B MAJMUDAR, R M SAVANT, JJ. DATED : 30th 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 certain reliefs on the basis of the repeal of Urban Land (Ceiling and Regulation), Act, 1976 which repeal has come into operation on 29th 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. 3 In so far as the said question is concerned, Affidavit in Reply has been filed on behalf of the Respondent/State by one Bhausaheb Joti Patil Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane. In the said affidavit it has been in terms stated in para-5 that actual and physical possession of the subject land was not taken by the Respondent except S.No.10/6, possession of 2 which has been taken and the land in the said S.No.10/6 has been handed over to the Thane Municipal Corporation. 4 In the light of the said statement, the prayer sought by the Petitioner in the above Petition has 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 and it is declared that the proceedings under the Urban Land (Ceiling and Regulation) Act have abated in view of the repeal of the said Act. It is clarified that the repeal would have no effect on the possession of S.No.10/6 which possession has been taken prior to the repeal. 5 Rule is accordingly made absolute to the aforesaid extent. [R M SAVANT, J] [P B MAJMUDAR, J]