1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.371 OF 2008 Pandurang M. Thakur and anr. ...Petitioners v/s The Additional Collector and Competent Authority, Urban Agglomeration, Thane and anr. ...Respondents Mr S.G. Karandikar for Petitioners. Ms M.P. Thakur, AGP for Respondents. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 10TH NOVEMBER 2009. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The record shows that the declaration was made on 26 th April 2001 declaring certain lands from holdings of the petitioners as surplus under the provisions of the Urban Land (Ceiling and Regulation) Act 1976. There was an exemption scheme sanctioned on 25 th August 1997. The approval to the scheme was however cancelled on 28 th March 2005. Thereafter, Notification under section 10(1) of the said Act was issued on 21 st May 2005 and Notification under section 10(3) was issued on 20 th December 2006. The Act was repealed on 27th November 2007. Till that date, actual possession of the lands was admittedly not taken. Therefore, as a result of the repeal of the Act, as possession of the surplus lands was admittedly not taken, the proceedings will abate. This view is supported by the judgment of Division Bench of this Court, to 3 which one of us (D.K. Deshmukh J.) is a party, in the case of Voltas Ltd. And anr. v/s Additional Collector and Competent Authority and ors. reported in 2008(5) Bom.C.R. 746. In the result therefore, petition succeeds and is allowed, rule is made absolute in terms of prayer clause (d). No order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )