1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6196 OF 2009 Smt Jijabai M. Karale and others ...Petitioners v/s The State of Maharashtra and others ...Respondents Mr K.B. Sonwalkar for Petitioners. Mr V.S. Gokhale, AGP for Respondents. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 8TH DECEMBER 2009. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The subject matter of this petition is land from survey No.89/7C of Village Gauripada (Barave), Taluka Kalyan, District Thane admeasuring 25.7 R. which was purchased by the petitioners by registered sale deed dated 20th March 1967 from Gopal Mahadu Devrungkar who was the owner of the land. It appears that one Gajanan Gopal Kene had filed return under the Urban Land (Ceiling and Regulation) Act 1976 and in his return he showed that he is owner of the suit land. On the basis of that return, an order was made under section 8(4) of the said Act dated 27th July 1982 including the suit land in the holding of the said Gajanan and declaring 498.10 sq.mtrs. from the holding of Gajanan as surplus. It appears that thereafter Notification under sub- section (1) of section 10, Notification under sub- section (3) of section 10 and Notification under 3 sub-section (5) of section 10 of the said Act in relation to the suit land were issued. An entry was also taken in the revenue record showing that the land is vested in the Government of Maharashtra. It is at that stage that the petitioners became aware of the development that their land has been included in the holding of said Gajanan and has been declared as surplus. The petitioners therefore filed appeal before the Competent Authority against the declaration under sub-section 8(4) of the said Act in the month of August 2006. Notices were issued to the respondents, however, before the appeal was decided by the Competent Authority which was registered as appeal No.304 of 2006, with effect from 29th November 2007 the Urban Land (Ceiling and Regulation) Act 1976 was repealed as Urban Land (Ceiling and Regulation) Repeal Act 1999. As a consequence of the Repeal Act, the appeal is abated and therefore, the petitioners have approached this Court to claim a direction that as a result of commencement of the Repeal Act, as possession of the suit land was never taken by the Government, any 4 proceedings under the Urban Land (Ceiling and Regulation) Act 1976 have abated. An affidavit in reply has been filed on behalf of the respondents. They claim that as a result of the declaration made under section 8(4) of the said Act and subsequent Notifications, the suit land vests in the Government, however, they admit that actual possession of the land is still not taken. Therefore, it becomes an admitted position that possession of the suit land has not been taken by the respondents in proceedings under the Urban Land (Ceiling and Regulation) Act 1976 even today. It means that though the suit land was declared as surplus under the said Act, till 29th November 2007 possession thereof was not taken in proceedings under the said Act. Therefore, in view of the provisions of the Repeal Act and decision in the case of Voltas and anr. v/s Additional Collector and Competent Authority and others, reported in 2008(5) Bom.C.R. 746, all further proceedings would abate. Writ petition therefore will have to be allowed. Petition is accordingly allowed, it is declared that 5 all further proceedings under the said Act in respect of land bearing survey No.38/7-C (old survey No.89/7-C) of Village Gauripada (Barave), Taluka Kalyan, District Thane are abated. Rule is made absolute accordingly with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )