1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7384/2007 Arvind Balaji Walvekar Petitioner VS. The State of Maharashtra & Ors. Respondents & Ors. Mr.S.S.Kanetkar for the petitioner Mr.Gokhale,AGP for State CORAM: J.N.PATEL & MRS.MRIDULA BHATKAR,JJ. DATE : 9th June, 2009 P.C.(Mrs.Mridula Bhatkar,J.) . Rule. 2] Rule returnable forthwith and heard finally by consent of 3] The petitioners have filed this petition seeking relief to issue of writ of mandamus or any other writ directing respondent no.2 to withdraw or cancel the notifications dated 31/5/2007 and 6/9/2007 issued under 2 sections 10(3) and 10(5) of Urban Land (Ceiling & Regulation)Act,1976 .in relation to the lands bearing survey nos.50,52,53-A,situate at Parvati,Pune.Under Urban Land (Ceiling & Regulation)Act,1976 the competent authority held that the petitioner was holding excess vacant land, so the petitioner approached the government and submitted an application for granting exemption under section 20(1) of the said Act on 22/6/2005 and also submitted that till the decision of the application u/s 20 no further orders be issued under section 10(3) and 10(5) of the said Act. During the pendency of the said application notification under section 10(3) of the said Act was issued by the Competent authority on 31/5/2007 and thereafter on 6/9/2007 under section 10(5)the Competent Authority gave directions to the Petitioner that respondent no.4 should be given possession on or before 10/10/2007.Thereafter the petitioner again submitted an application pointing out that the application for exemption under section 20 was not yet decided .The petitioner simultaneously filed this petition challenging the action of the competent authority. It is submitted by 3 the learned counsel for the petitioner that till today the possession of the land is with the petitioner as it is not taken by the government. 4] During the pendency of the said petition the Urban Land (Ceiling & Regulation)Act,1976 was repealed on 29/11/2007 . The petition was filed in October,2007 . Hence the learned counsel for the petitioner submits that due to the repeal all the proceedings under the said Act except Savings stand abated. The respondent State has filed affidavit. The learned AGP has agreed that the government has not taken possession of the surplus land. 5] The Urban Land (Ceiling & Regulation)Act,1976 repealed on 29/11/2007 and so the proceedings under the said Act are abated since the said date. In the present matter the Government has not taken possession pursuant to the notification under section 10 (3) and 10(5) of the said Act. The proposal under section 20 of the said Act remained pending with the Government. Thus,the case of the petitioner is covered 4 under the decision of the Supreme Court Mukarram Ali Khan Vs. State of U.P.& Ors.,AIR ,2007,Hon’ble Supreme Court,6282; in which it is held as follows 5]‘’Section-4 of the Repeal Act reads as follows : 4.Abatement of legal proceedings- All legal proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act ,before any Court, tribunal or other authority shall abate; Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of the principal Act insofar as such proceedings are relatable to the land,possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority. 6] In view of the affidavit filed by the appellant to which no objection has been filed,undisputed position is that the State has not taken the possession over the surplus land. Therefore,the proceedings have to be treated to have abated under Section 4 of the Repeal Act. ‘’ 6] Further reliance is placed on Voltas and Others Vs.Additional Collector & Competent Authority ,2008(5) Bom.C.R.746 and the SLP preferred against this decision was dismissed by the Hon’ble Supreme Court. 7] The petition will therefore have to be allowed in terms of prayer clause f (1) which reads as follows. 5 ‘’That this Honourable Court may be pleased to hold and declare that on account of the adoption of the UL(C & R )Repeal Act,1999 by Maharashtra Legislative Assembly and Maharashtra Legislative Council under Article 252 (2) of the Constitution of India ,the entire proceedings of the impugned Notification dated 31.5.2007 u/s 10(3) and impugned Notice dated 6.9.2007 u/s 10(5) of the UL (C & R) Act,1976 in relation to lands bearing Survey No.50 52,53- A,Parvati,Pune being Exh.L & M ,respectively to this writ petition have abated and this Honourable Court may be pleased to issue an appropriate writ,order or direction to that effect. ‘’ Rule made absolute with no order as to costs. (J.N.Patel) (Mrs.Mridula Bhatkar,J.) SRS 6