skc 1 WP-3225-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 3225 OF 2011 Mrs. Neela Prakash Khare alias Miss. Neela Narayan Hasabnis ..Petitioner versus State of Maharashtra & Anr. ..Respondents Mr. Sachin Gate for Petitioner. Mrs. M. P. Thakur - Assistant Government Pleader for State – Respondents. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. DATE : NOVEMBER 14, 2011 P.C. : Rule, returnable forthwith. Mrs. M. P. Thakur waives service for State - respondents. Heard finally by consent of parties. 2. The petitioner has approached this Court interalia for a direction that the action taken by the respondents under Section 10 and Section 10(1), 10(3) of the Urban Land (Ceiling and Regulation) Act in respect of the skc 2 WP-3225-11 petitioner’s land admeasuring 500 sq. meters out of Gat No. 4/1/2A situated at Village Dighi, Pune, are illegal and bad in law. 3. The petitioner claims to be an owner of the property on the basis of the registered sale deed dated 15.10.1984 and has stated on oath that she is in possession of the land and has not handed over possession of the land to the respondents under any law including Urban Land (Ceiling and Regulation) Act, 1976. Further according to the petitioner in view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 the earlier law imposing land ceiling has been repealed on 29.11.2007 and that the respondents are not entitled to proceed with any action under the Repealed Act. It is not in dispute that by the judgment of this Court in Voltas Ltd. & Anr. vs. Additional Collector and Competent Authority, Thane & Ors. [2008(5) ALL MR 537], it is well settled that if the possession has not been taken from the land holder, the Authorities are not entitled to proceed under the Repealed Urban Land Ceiling Act. The respondents have clearly stated on oath vide paragraphs 3 and 4 of the affidavit in reply of one Subhash Ramchandra Dharmadhikari, Additional Collector and Competent Authority, Pune Urban Agglomeration, Pune, dated 1.11.2011 that the petitioner is in actual and physical possession of the surplus land. The deponent has further stated that under the Circular dated 12.5.2010 a land holder who is in actual skc 3 WP-3225-11 and physical possession of the surplus land is entitled to return of the land. In the circumstances, Rule is made absolute in terms of prayer clauses (a), (b) and (c), which reads as under: “(a) this Honourable Court may be pleased to, by an appropriate writ and/or Order and/or direction, declare that the action taken by the Respondents under section 10 of the said Act and the consequent orders passed under section 10(1), 10(3) of the said Act in respect of petitioner land admeasuring about 5 Ares i.e. 500 sq. mtrs. out of Gat No. 4/1/2A situated at Village Dighi, Pune is illegal and bad in law; (b) this Honourable Court may be pleased to, by an appropriate writ and/or order and/or direction, quashed and set aside the orders passed under section 8(4) and consequently quash and set aside the orders passed under sections 10(1) and 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 in respect of the Petitioner land admeasuring about 5 Ares i.e. 500 sq. mtrs. out of Gat No. 4/1/2A situated at Village Dighi, Pune. (c) this Hon’ble court may further please to hold that all the proceedings initiated u/s. 10 of the said skc 4 WP-3225-11 Act in respect of the Petitioner land admeasuring about 5 Ares i.e. 500 sq. mtrs. out of Gat No. 4/1/2A situated at Village Dighi, Pune stands abated.” (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)