1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.9888 OF 2009 Shantibai alias Shantabai Champalal Oswal residing at 244, M.G.Road, Pune Camp, Pune-1 Through her Power of Attorney holder Amit Ashok Agarwal through his P.A.H. Sumit Ashok Agrawal, Age 25 years, Occ; Business, R/o. 222A, Adarsh Nagar, Shirpur, Dhule ...Petitioners. v. 1 The State of Maharashtra Urban Development Department, Mantralaya, Mumbai 400 032. 2 Competent Authority, Pune Urban Agglomeration, Pune, Under Urban Land (Ceiling and Regulation) Act, 1976. 3 The District Collector, Pune 4TheRegistrar of Assurances, Pune ...Respondents. Mr.S.M.Gorwadkar a/w R.V.Pawaskar, advs. For the Petitioners. Mr.S.R.Nargolkar, AGP for the Respondent Nos.1 to 4. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 17th December , 2009 ORAL JUDGMENT: (Per J.H.Bhatia, J.) 2 1 Rule. Rule made returnable forthwith and the matter is taken up for final hearing immediately. 2 Respondent No.2 issued an order under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 on 22.11.1978 in respect of lands at Survey No.41, Hissa No.2A/1, Plot No.29 of Village: Kharadi, Tal: Haveli, District: Pune admeasuring 448.8 sq.mtrs. It is contended that though Notification under Section 10(1) and Section 10(3) of the Act have been issued, possession still continues with the petitioners. Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Repealing Act) adopted with effect from 1.12.2007 in the State of Maharashtra and, therefore, now the proceedings under the Urban Land (Ceiling and Regulation) Act have to be abated and possession cannot be taken by the Government. 3 On behalf of the respondents, affidavit has been filed by Mr. Bhanudas Pandurang Gaikwad, Deputy Collector and Competent Authority, Pune Urban Agglomeration, Pune wherein he admits that even though respondent has followed the statutory provisions under Sections 10(1) and 10(3) of the Principal Act, the actual and physical possession of the subject land is not taken by the respondent. 4 In view of the fact that, possession is not taken and Urban 3 Land (Ceiling and Regulation) Act has been repealed now further proceedings including taking of possession can not be taken. Matter is squarely covered by Voltas Ltd. and anr. vs. Additional Collector & Competent Authority 2008(5) Bom.C.R.746 5 Therefore, petition is allowed and the respondents are hereby restrained from taking any steps for possession of the land under the Urban Land Ceiling and Regulation Act. Entry be taken accordingly in the revenue records. (J.H. BHATIA,J.) (F.I.REBELLO, J.) 4