1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.211 OF 2010 Bhau Bapurao Kate and anr. ...Petitioners v/s State of Maharashtra and anr. ...Respondents Mr S.M. Gorwadkar for Petitioners. Mr A.B. Vagyani, AGP for Respondent Nos.1 and 2. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 9TH MARCH 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The petitioners were holding urban lands. Return was filed on commencement of the Urban Land (Ceiling and Regulation) Act 1976 and pursuant to that return the order was made on 18th January 2007 declaring 9250 sq.mtrs. Of land surplus. Notification under section 10(3) was issued. But possession of the surplus land was not taken till 29th November 2007 when the Urban Land (Ceiling and Regulation) Act 1976 was repealed by Urban Land (Ceiling and Regulation) Repeal Act 1999. 3] The contention of the petitioners is that in view of the Repeal Act, all further proceedings in relation to the surplus land abates. 4] The State Government has filed an affidavit. In the affidavit also the Government has 3 clearly stated that the actual and physical possession of the surplus land has not been taken. In view of this position and the provisions of the Repeal Act and the judgment of the Division Bench of this Court in the case of M/s Voltas Ltd. v/s Additional Collector and Competent Authority and others, reported in 2008(5) Bom.C.R. 746, the petition will have to be allowed. It is clear that in view of the provisions of the Repeal Act, all further proceedings under the Urban Land (Ceiling and Regulation) Act 1976 in relation to the land of the petitioners which was declared surplus by order dated 18th January 2007 have abated. Rule is made absolute accordingly with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )