1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.653 OF 2010 Tarabai Dattu Patil and ors. ...Petitioners v/s The Competent Authority, Thane Urban Agglomeration, Thane and others ...Respondents Mr Deepak Poonamige for Petitioners. Mr V.S. Gokhale, AGP for Respondents. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 22ND FEBRUARY 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] Pursuant to the return filed by the petitioners under the Urban Land (Ceiling and Regulation) Act 1976, land admeasuring 11,550 sq.mtrs. Was declared as surplus by order dated 17th September 2007. Out of the land declared surplus, a scheme under section 20 of the Act was sanctioned in relation to the land under all other survey numbers except the land under survey No.20/2 admeasuring 1570 sq.mtrs. Situated at Katai, Taluka Kalyan, District Thane. The scheme has been implemented in relation to other land. Notification under sub- section (1) of section 10 of the Act in relation to abovementioned survey No.20/2 was issued which was published on 25th October 2007. Notification under section 10(3) of the Act was published on 17th November 2007. Notice under section 10(5) of the Act was not issued. Till 29th November 2007, when 3 the Repeal Act came into force, even possession of the land under that survey No.20/2 was not taken. This fact is admitted in the reply filed by the respondents. The submission of the petitioners is that in view of the provisions of the Urban Land (Ceiling and Regulation) Repeal Act 1999 and the judgment of the Division Bench of this Court in the case of Voltas Ltd. v/s The Additional Collector and Competent Authority and ors., reported in 2008(5) BCR 746, all further proceedings in relation to land under survey No.20/2 abate. 3] In this view of the matter and in view of the provisions of the Repeal Act and the judgment of the Division Bench of this Court in the cased of Voltas Ltd. (supra), the petition will have to be allowed. It is accordingly so allowed. Rule is made absolute in terms of prayer clause (c). No order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private 4 Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )