:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1318 OF 2008 WRIT PETITION NO.1318 OF 2008 WRIT PETITION NO.1318 OF 2008 Smt. Zarina Dada & Ors, .. Petitioners. Vs. State of Maharashtra & Anr .. Respondents. Mr Mukul Tally i/n M/s S Mahomedbhai & Co, for the petitioners. Ms Geeta Shashtri, AGP, for the State. Mr A.Y.Sakhare, Sr.Advocate i/b M/s YKS Legal, for Intervenor. CORAM : S.B.MHASE & CORAM : S.B.MHASE & CORAM : S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : 25.02.2009. DATE : 25.02.2009. DATE : 25.02.2009. ORAL JUDGMENT : (Per S.B.Mhase,J.) 1. Heard learned counsel for the parties. . Rule, returnable forthwith with the consent of parties. 2. The petitioners are holders of the land bearing CTS No.913, admeasuring 12996.10 sq.meters, of village Kurla. Out of the said land, an area of 10,840.50 sq.meters of the land has been declared as surplus vacant land under the Urban Land (Ceiling and Regulation) Act,1976 (for short, "the ULC Act") initially, and later on it was corrected to 7385.35 sq.meters, and the steps were completed u/s 8(4) of the said Act. A Notification under section 10(1) has already been issued. However, the learned counsel for the petitioners, states that possession of the vacant land was not taken by the respondents either :2: :2: :2: under section 10(5) or 10(6) of the ULC Act. Ms Shashtri, learned AGP for the respondents, makes a statement after perusal of the original record, which is made available to them by the department, that the possession of surplus vacant land has not been surrendered under section 10(5) of the ULC Act by the petitioners holder and that the possession has not been taken under section 10(6) by the respondents-Government Agencies till today. Thus, it is an admitted fact on both sides that even though the land is declared as surplus vacant land, yet the possession of the surplus vacant land has not been taken under section 10(5) or Section 10(6) of the ULC Act by the respondents and the possession is with the petitioners. Though in law the property vests in the Government, yet as the possession of the land has not been taken by the Government as on the date of Repeal of the Principal Act, on 29.11.2007, all proceedings under the Principal Act in regard to the petitioners’ land declared as surplus vacant land, have abated. This aspect has been considered by the Division Bench of this Court in the matter of Voltas Ltd & another Voltas Ltd & another Voltas Ltd & another Vs. Addl. Collector and Competent Authority,Thane, Vs. Addl. Collector and Competent Authority,Thane, Vs. Addl. Collector and Competent Authority,Thane, reported in 2008(5) Bom.C.R. 746. reported in 2008(5) Bom.C.R. 746. reported in 2008(5) Bom.C.R. 746. We adopt the same view. This judgment is binding on us because the SLP filed against this judgment was also dismissed by the :3: :3: :3: Apex Court and it has attained finality. Since we have noticed that the possession of the land was not taken and all the proceedings initiated under the ULC Act have abated, we find that the respondents cannot proceed to take further steps in the proceedings and, therefore, we allow the petition in the following terms:- . It is held that as a consequence of the Repeal Act, further proceedings pursuant to the order made by the State Government under sections 8(4) and 10(1), shall abate and can no longer be proceeded further. That all further proceedings under the provisions of the Principal Act in relation to the land of the petitioners mentioned in the declaration made under sub-sections (1) and (3) of Section 10 of the Principal Act lapses and in consequence the land no longer vests in the State Government. . Rule made absolute accordingly. No order as to costs. . It is open to the petitioners to approach to the Competent Authority to have appropriate mutation in the record of rights. . In view of the disposal of the petition, the Chamber Summons pending in this petition are disposed of. :4: :4: :4: (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.)