-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.1008 OF 2008 NO.1008 OF 2008 NO.1008 OF 2008 Shri Prakash S. Mate and ors. ...Petitioners v/s Additional Collector and Competent Authority, ULC, Nashik and ors. ...Respondents Mr M.J. Jamdar for Petitioners. Ms M.P. Thakur, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. Admittedly, the land from the holding of the petitioners was declared as surplus land under the Urban Land (Ceiling and Regulation) Act 1976. Thereafter, Notification dated 15th February 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 3rd July 2007 directing the petitioners to deliver possession of the land. According to the averments in the petition, possession of the land declared as surplus, however, was not taken by the Government till 29th November 2007 when the Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999. According to the petitioners, a notice dated 19th September 2007 was issued to them informing that possession of the land would be taken on 30th October 2007. Therefore, they approached this Court claiming that in view of the Repeal Act 1999, the State Government cannot continue with the proceedings and the land reverts back to them. The learned counsel appearing for petitioners relied on -3- 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. However, it is found that as per the above judgment, in case the Government or the Competent Authority had not taken possession of the land in accordance with law on or before the date on which the Act was repealed, then the land reverts back to the land owner and no further proceedings under the said Act can be taken. Petition succeeds and is allowed. Rule is made absolute in terms of prayer clauses (a) and (b) with 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.)