1wp-298-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.298/2010 Ravindra Madhukar Mohol and 9 others .. .. Petitioners. v/s The State of Maharashtra and others .. .. Respondents. Mrs Jai V. Kanade i/b Mr Girish S.Godbole, Advocate for the Petitioners. Mr S.R.Nargolkar, A.G.P., for Respondent Nos.1 and 2. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 16TH FEBRUARY,2010 P.C.:- 1. Rule, returnable forthwith. Heard finally by consent of parties. 2wp-298-10 2. After commencement of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the U.L.C.Act ), the petitioner filed his return. Pursuant to that return an order was made on 27.9.2002 declaring 13221.50 square meters land as surplus from the holding of the petitioner. Thereafter, notification under Section 10 (1) of the Act was issued on 4.8.2007 and notification under Section 10 (3)of the Act was issued on 7.9.2007. According to the petitioner. Till 29.11.2007, when the U.L.C.Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, possession of the surplus land was not taken by the Government. 3. We have heard the learned A.G.P., for the State. We have perused the record including the affidavit-in-reply filed on behalf of the State Government. It is clear from the affidavit-in-reply that possession of the land declared as surplus is still with the petitioner and was not taken by the State Government, at least, till 29.11.2007. In view of these facts, the provisions of the U.L.C. Repeal Act and the judgment of the Division Bench of this Court in Voltas Ltd and another Vs Addl. Collector and Competent Authority and ors reported in 2008 (5) Bom.C.R. 746 all further proceedings in relation to the surplus land have abated or lapsed as on 3wp-298-10 29.11.2007,in our opinion, petition will have to be allowed. In the result, the petition is accordingly allowed. Rule made absolute in terms of prayer clause (c). No order as to costs. (JUSTICE D.K. DESHMUKH,J) (JUSTICE A.R.JOSHI,J)