:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.761 OF 2008 PETITION NO.761 OF 2008 PETITION NO.761 OF 2008 Ramesh Nausha Page & Ors. ..Petitioners V/s The Competent Authority & Deputy Collector, ULC, Mumbai and Ors. ..Respondents Mr.Janak Dwarkadas a/w V.R. Dhond and Mr. Kamal Khata a/w N.R. Gandhi & A.V. Tikekar for the petitioners Ms. Geeta Shastri, AGP for the respondent Nos. 1 to 5 CORAM CORAM CORAM : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 17TH SEPTEMBER, 2008 : 17TH SEPTEMBER, 2008 : 17TH SEPTEMBER, 2008 P.C. 1. Rule made returnable forth with. Ms. Geeta Shastri, the learned AGP waives service on behalf of the respondents. By consent of the parties the matter is taken up for hearing. 2. By filing this petition, the petitioners have prayed that the respondent Nos. 1, 2 and 3 be directed to decide the application of the petitioners which is given on 14th November, 2007. It is also prayed that the respondents be directed to give the effect to Urban Land (Ceiling and Regulation) Repeal :2: Act, 1999. The learned Counsel for the petitioners submitted that in view of the said provisions, now the provision of Urban Land and Ceiling Act is not applicable and the land is required to be released from the provisions of ULC Act. The learned Counsel for the petitioners further submitted that Notification under section 10(3) of ULC Act, was published in the year 2002, but thereafter no Notification is issued under section 10(5) and physical possession of the land in question is with the petitioner. This fact is not disputed by the learned AGP. However, she submitted that the Department is contemplating filing for SLP against the Judgment of the Division Bench. She therefore, requested that the ultimate order may be stayed for 10 weeks. Since it is not in dispute that the Department has not proceeded in any manner after the Notification under Section 10(3) of the said Act and in view of the decision of the Division Bench in Writ Petition No.8356 of 2006, the respondents are now required to give effect to the Repealed Provisions of ULC Act. In view of this, it is held that in consequences of the Repeal Act, further proceedings pursuant to the order made by the State Government :3: stands abated and can no longer be proceeded further. The declaration made under sub-section (3) of Section 10 of the Principal Act lapses and the land in question no longer vest in the State Government. It is also held that the provisions of ULC Act is not applicable so far the land in question is concerned. 3. At the request of the learned AGP, both the parties are directed to maintain status-quo for a period of 10 weeks from today. 4. Rule made absolute accordingly. (P.B. (P.B. (P.B. MAJMUDAR, J.) MAJMUDAR, J.) MAJMUDAR, J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)