1wp-8306-09 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.8306/2009 Sudarshan Vithal Khandge. ..Petitioner. vs. State of Maharashtra & ors ..Respondents. Mr S.M. Gorwadkar, Advocate for the petitioner. Mr S.R.Nargolkar, A.G.P., for the Respondent-State. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 25TH JANUARY,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. On commencement of the Urban Land (Ceiling and Regulation)Act, 1976 (hereinafter referred to as the 2wp-8306-09 U.L.C.Act ) the petitioner filed Return. Pursuant to that Return by an order dated 19.9.1994 , the Competent Authority passed an order declaring 89400 square meters of land as surplus vacant land. The petitioner filed an appeal against that order. That appeal remained pending. During the pendency of that appeal on 14.9.2007 notification under Section 10 (3) of the U.L.C.Act, was issued. According to the petitioner, possession of the surplus land has not been taken till 29.11.2007 when the U.L.C.,Act was repealed by the Urban Land (Ceiling & Regulation) Repeal Act, 1999. According to the petitioner, in view of the provisions of the U.L.C.,Repeal Act and the judgment of this Court in the case of Voltas Ltd., and another Vs. Additional Collector and Competent Authority and others reported in 2008 (5) Bom.C.R. 746 as possession of the land has not been taken before 29.11.2007 all further proceedings under the U.L.C.Act,1999 in relation to the surplus land have lapsed or abated. The respondents have filed their affidavit-in- reply. In paragraph No.5 they have confirmed that possession of the land till continues with the petitioner. In this view of the matter and in the light of the judgment of this Court in Voltas Ltd. (supra), the petition succeeds and is allowed. It is declared that all further proceedings in relation to 3wp-8306-09 the land which is subject matter of this petition under the ULC Act have abated. Rule is made absolute accordingly. No order as to costs. (JUSTICE D.K. DESHMUKH.) (JUSTICE A.R.JOSHI.)