-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.8552 OF 2007 NO.8552 OF 2007 NO.8552 OF 2007 Sadashiv G. Bhore ...Petitioner v/s The State of Maharashtra and anr. ...Respondents Mr S.S. Shah for Petitioner. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. Heard learned counsel for both the sides. The land from the holding of the petitioner was declared as surplus land under the Urban Land (Ceiling and Regulation) Act 1976. Thereafter, Notification dated 19th November 2007 was issued under subsection (3) of section 10 of the Urban Land (Ceiling and Regulation) Act 1976 and Notice under subsection (5) of section 10 of the said Act was issued on 1st December 2007 directing the petitioner to deliver possession of the land. At that juncture, the petitioner approached this Court and this Court granted interim order. There is categorical statement made in the petition that possession of the land has not been taken by the Government. Even on the date on which Repeal Act 1999 was intoroduced, the possession of the land was with the petitioner. An affidavit in reply has been filed by the Government. The Government does not claim that the possession of the land was taken before 29th November 2007. It does appear from the record that when the Urban Land (Ceiling and Regulation) Act 1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999 on 29th November 2007, the possession of the land was with the petitioners. There is nothing on -3- record including the affidavit filed by the Government, which will indicate that possession of the land was taken by the Government at any point of time before 29th November 2007. In this view of the matter therefore, this petition will be covered by the judgment of Division Bench of this Court in writ petition No.8356 of 2006 (Voltas Ltd. and anr. v/s Additional Collector and Competent Authority, Urban Agglomeration, Thane and ors.) decided on 25th July 2008 to which one of us (D.K. Deshmukh J.) is a party. In view of that judgment, rule in this petition is made absolute in terms of prayer clauses (d), (d-1) and (d-2). No order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)