1 wp-4466-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4466 OF 2010 Raghunath Maruti Raut & Ors. ..Petitioners versus The Deputy Collector & Competent Authority Ulhasnagar & Ors. ..Respondents Mr. P. D. Dalvi for Petitioners. Mr. V. S. Gokhale - AGP for Respondents. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 30, 2010. P.C. : 1. Heard the learned counsel for the petitioners and the learned AGP for the respondents. 2. The following facts are not in dispute: i. That the petitioners filed their returns under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976. ii. After holding an enquiry, the competent authority 2 wp-4466-10 passed an order on 25th February 1982 under Section 8(4) of the Act and declared an area admeasuring 3239.56 sq. mts. as a surplus land from Survey No. 32/8 pt., 60/3 and 89 of Village Katrap, Tal: Ambarnath, Dist : Thane. iii. Thereafter, on 21st January, 1985 Notification under Section 10 (1) was issued by the competent authority under the provisions of Urban Land (Ceiling and Regulation) Act, 1976, on 18th July, 1985 Notification under Section 10(3) was issued, and on 10th May 2005 Notice under Section 10(5) was issued to the land owners directing them to hand over possession of the land. 3. It is submitted that factual possession of the said lands was never taken by the competent authority either on the date the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force nor thereafter till today. 4. In the back-drop of the above referred facts, it is not in dispute that the issue is covered by the decision of this Court in the case of Voltas Ltd. & Anr. vs. Additional Collector and Competent Authority, Thane & 3 wp-4466-10 Ors. reported in 2008(5) ALL MR 537. 5. In the circumstances, therefore the notification dated 21st January, 1985 under Section 10(1), notification dated 18th July, 1985 under Section 10(3) and notice dated 10th May 2005 under Section 10 (5), stands abated. Proceedings initiated by the Authorities under the Urban Land Ceiling Act are nullified. Writ petition is disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)