Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.8041/2009 Avinash Anantrao Bhoir & ors ..Petitioners. vs. State of Maharashtra & ors. ..Respondents. Mr V. Y. Sanglikar i/b Mr N.K.Mudnaney, Advocate for the petitioners. Mr V.S.Gokhale, A.G.P., for respondent Nos.1 and 2. Mr M.S.Lagu, Advocate for Respondent No.3. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 12TH JANUARY,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The land in the holding of Yashodabai of whom the petitioners are the legal heirs was declared as surplus under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the ULC Act ), by an order dated 27.8.1982. Thereafter, a notification under Section 10 (3) was published in the official Gazette dated 7-10-1982 in relation to the surplus land. But, thereafter, nothing was done. Even no steps were taken to take possession of the surplus land till the U.L.C.Act,1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act,1999 with effect from 29.11.2007. The submission of the petitioner is that in view of the provisions of U.L.C., Repeal Act and the judgment of this Court in the case of Voltas Ltd and another Vs. Additional Collector and Competent Authority and others, reported in 2008 (5) Bom.C.R. 746 all further proceedings in relation to the surplus land of the petitioner have abated. 3. We have heard the learned counsel for the respondents. An affidavit has been filed on behalf of respondent Nos.1 and 2. Paragraph no.1 of that affidavit reduced as under: At the outset, I say and submit that notification u/s 10 (3) of the Urban Land (Ceiling and Regulation)Act, 1976 was published in government Gazette on 16.6.1983. However, notice u/s 10 (5) of Urban Land (Ceiling and Regulation)Act, 1976 was not issued. Also physical possession of excess land admeasuring 3114.57 sq.mtrs situated at Mira Tal.,and District Thane hasnot been taken. 4. It is, thus, clear that on 29.11.2007 when the Urban Ceiling Land Act was repealed,possession of the surplus land was with landholder, therefore, in view of the provisions of the Repeal Act and judgment of this Court in Voltas case, petition will have to be allowed. In the result, the petition succeeds and is allowed. 5. It is declared that all further proceedings in relation to the land which was declared as surplus by an order, dated 27.8.82 copy of which is at Exh.A have abated under the U.L.C. Repeal Act. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)