AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2401 OF 2008 Ramesh Manilal Shah & Others ..Petitioners. V/s. The State Govt. of Maharashtra & Others ..Respondents. Ms.Kiran Bagadia i/by Ms.Asha Bhambwani for the petitioner. Mr.A.H. Palekar, AGP for respondent Nos.1 to 3. Ms.Smita Gaidhani for the respondent No.4. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 1ST SEPTEMBER, 2008. P.C. : 1. Rule. Rule made returnable forthwith. Heard finally by consent of both the parties. 2. 25% of land from the holdings of the petitioners were declared as surplus as per the Urban Land Ceiling Act. A notice under sub-section 3 of Section 10 was published in the Official Gazette on 21-6-2007. Notice under sub-section 5 of Section 10 was issued on 3-7-2007 directing the petitioner to hand over possession of surplus land. The petitioner has stated in the reply that till the Urban Land Ceiling Act was repealed by the repealing Act on 29-11-2007, the petitioner did not hand over possession of the surplus land. An affidavit has been filed on behalf of the State Government dated 29-8-2008, wherein a categorical statement has been made that the possession of the land declared as surplus has not been taken by the Government. Thus, on 29-11-2007 when the Act was repealed surplus land was in possession of the petitioner and, therefore, in view of the judgment of the Division Bench of this Court dated 25-7-2008 in Writ Petition NO.8356 of 2006, the present writ petition will have to be allowed. 3. Rule is made absolute in terms of prayer clause (a), excluding the bracketed portion. Prayer clause (a) reads thus : After calling for the records and proceedings and perusal of the same, it be declared that ULC proceedings in respect of the land bearing Survey No.297-D, to the extent of the share of third petitioner, admeasuring 1056.64 sq.Mtrs. have abated [and that the petitioners are entitled to develop the said land in accordance with the applicable Development Control Rules]. D.K. DESHMUKH, J. J.P. DEVADHAR, J.