1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.4144 OF 2009 Nanibai Dhago Mhatre and Ors. ..Petitioners. vs. The State of Maharashtra and Ors. ..Respondents. Ms Manjiri Parasnis i/b Mr Girish Godgole, Advocates for the Petitioners. Mr C.R. Sonawane, A.G.P., for the Respondents. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 2nd DECEMBER,2009 P.C.:- After commencement of the Urban Land (Ceiling and Regulation)Repeal Act,1999 a return was filed in relation to the land which is the 2 subject matter of this petition. Initially, an order was made declaring certain land as surplus. That order was subjected to an appeal. In appeal matter has been remanded back. Thereafter, by an order dated 28th February, 2001, land admeasuring 3481 square meters was declared as surplus. It appears that thereafter notification under Section 10 (1), 10(3) and 10 (5) was issued. But possession of the land was not actually taken over by the respondents till 29.11.2007 when the U.L.C.,Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act,1999. The petitioners have asserted in the petition that they are in possession of the surplus land and they were in possession of the surplus land on 29.11.2007. A reply affidavit has been filed on behalf of the respondents dated 29.9.2009. It is clear from the averments in para 16 of that reply that physical possession of the surplus land is still with the petitioners and not with the Government. Therefore, in view of the provisions of Repeal Act,1999 and the judgment of 3 the Divsion Bench of this Court in the case of Voltas Ltd.,and anr. vs. Addl. Collector and Competent Authority and ors., reported in 2008 (5) Bom.C.R. 746, this petition will have to be allowed. It is declared that all further proceedings in relation to the land which is subject matter of this petition under the U.L.C.,Act have abated. Rule is made absolute in terms of prayer clause (c). No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)