1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10290 OF 2009 Mr C.K. Gupta (HUF) through its karta Mr Vijay C. Gupta ...Petitioners v/s Deputy Collector, Ulhasnagar, Thane and anr. ...Respondents Mr Chirag Balsara with Ms K.R. Deviervala and Mr Sandip Goyal i/b M/s Mulla and Mulla and Craigie Blunt and Caroe for Petitioners. Mr S.R. Nargolkar, AGP for Respondents. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 15TH FEBRUARY 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The subject matter of this petition is lands from Villages Manda and Titwala, Taluka Kalyan, District Thane. Pursuant to the return filed by the petitioners under the Urban Land (Ceiling and Regulation) Act 1976, by order dated 16th February 2006 passed by the respondent No.1, lands admeasuring 1,07,500.47 sq.mtrs. was declared as surplus. Thereafter, that order was revised by order dated 15th October 2007 and lands admeasuring 1,20,750.56 were declared as surplus. Thereafter, Notification under section 10(1) of the said Act was issued on 25th October 2007 and Notification under section 10(3) of the said Act was issued on 17th November 2007. According to the petitioners, till the Urban Land (Ceiling and Regulation) Act 1976 was repealed on 29th November 2007 in the State of Maharashtra, possession of the lands declared as 3 surplus was not taken. The respondents have filed their reply. In the reply, they have also stated that possession of the lands declared as surplus is not taken. The petitioners therefore submit that in view of the Repeal Act and the judgment 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 all further proceedings under the said Act in respect of lands bearing survey Nos.42/1, 42/2, 42/3, 42/4/1, 42/4/2, 42/5, 42/6, 47/1, 50/1, 50/2, 220/1, 251 (part) of Village Manda and 201/1, 223/1, 224/1A, 225/1, 246/1 of Village Titwala, Taluka Kalyan, District Thane are abated. In view of the aforesaid facts and the provisions of the Repeal Act, rule is made absolute in terms of prayer clause (a) with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private 4 Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )