17.wp.10114&10115-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.10114 OF 2009 Dashrath Rama Talojkar @ Pawar and others. ..Petitioners. Versus The Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane and others. ..Respondents. ... Mr.Deepak Poonamiya, Advocate for the Petitioners. Mr.S.R. Nargolkar, AGP, for respondent Nos.1 to 3. ... WITH WRIT PETITION NO.10115 OF 2009 Baliram Babu Sase and others. ..Petitioners. Versus The Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane and others. ..Respondents. ... Mr.Deepak Poonamiya, Advocate for the Petitioners. Mr.S.R. Nargolkar, AGP, for respondent Nos.1 to 3. ... 17.wp.10114&10115-09 2 CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : JANUARY 28, 2010. P.C. 1. The facts and law involved in both these Petitions is similar. Therefore, both the Petitions can be conveniently disposed of by a common order. 2. After commencement of the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act"), the land from the holding of the petitioners was declared as surplus land. Notification under sub-section 1 of Section 10 and notice under sub- section 3 of Section 10 was issued. Even notice under sub section 5 of Section 10 was issued. According to the petitioners, the possession of the surplus land was not taken till 29.11.2007 when the ULC Act was repealed by the Urban Land (Ceiling & Regulation) Repeal Act, 1999. Therefore, in view of the provisions of the Repeal Act and the judgment of the Division Bench of this Court in the case of Voltas Ltd., and another vs. Additional Collector and 17.wp.10114&10115-09 3 Competent Authority and others reported in 2008(5) Bom.C.R. 746 all further proceedings under the ULC Act in relation to the land of the petitioners have lapsed. 3. Reply has been filed on behalf of the respondent wherein they have admitted that the physical possession of the land continues with the petitioners even today. Thus, it is clear that though the land was declared as surplus possession of the surplus land was with the petitioner on 29.11.2007 when the ULC Act was repealed by the Repeal Act. Therefore, in view of the provisions of the Repeal Act and judgment of this Court in the case of Voltas Ltd.,(supra) all further proceedings under the ULC Act have lapsed. It is accordingly so declared and the Petitions are disposed of. No order as to costs. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)