-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.2410 OF 2008 NO.2410 OF 2008 NO.2410 OF 2008 Shrihari S. Abnave and ors. ...Petitioners v/s The State of Maharashtra and ors. ...Respondents Ms Jai Mhaskar i/b Mr G.S. Godbole for Petitioners. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. 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 18th January 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 6th September 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of the land declared as surplus, however, was not taken by the Government till 29th November 2007 when the Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999. It appears that in this case though the notice to surrender land was given to the land owner on 6th September 2007 and in terms of the provisions of sub-section (5) of section 10 of the said Act, the land owner is entitled to be given 30 days’ time to deliver possession and it is only thereafter that under sub-section (6) of section 10 a notice can be given for taking possession, in the present case, on 9th August 2007, i.e. much before the order under sub-section 10(5) of the said Act was made, an entry was taken in the revenue record that the land -3- vests in the Government. The petitioners therefore pray for a relief for cancellation of that entry. The Government has filed an affidavit. In that affidavit, the Government has accepted the the position that the possession of the land was not taken at any time before 29th November 2007. The learned counsel appearing for petitioners relied on 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 this view of the matter therefore, petition will have to be allowed. Rule is made absolute in terms of prayer clauses (c) and (d) 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.)