1 IN THE HIGH COURT OF JUDICATURRE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7683 OF 2009 1. Smt. Manikbai Anant Thakur ) 2. Devendra Anant Thakur ) 3. Sachin Anant Thakur ) 4. Sou. Aishali Harishchandra Mhatre, ) All R/at Anant Thakur Chawl, ) behind Chitrakunj Sociiety, ) MIDC Road, Thakurli (E), ) Dist. Kalyan. ).. Petitioners Versus 1. The State of Maharashtra ) 2. The Dy. Collector and Competent ) Officer, Ulhasnagar Urban ) Agglomeration, Thane. ) 3. The Tahasildar, ) Tahasildar Office, Kalyan. ).. Respondents Mr. M.S.Karnik, Advocate, for the petitioners. Mr. V.P.Malwankar, Panel Counsel for respondent Nos. 1 to 3. CORAM: F.I.REBELLO AND J.H.BHATIA,JJ. DATE : 16th November, 2009. 2 ORAL JUDGMENT : (PER J.H.BHATIA,J.) 1. Rule. Rule made returnable forthwith. With consent of the learned Counsel for the parties, the petition is taken up for final hearing and disposal immediately. 2. The petitioners are the owners of land Survey No. 134/9 and 131/2 situated at Village Chaule, which is part of Ulhasnagar Region Agglomeration in District Thane. Out of the said two survey numbers, 4530 sq. mtrs. land was declared to be excess vacant land under the provisions of Section 8(4) and 10(3) of the Urban Land (Ceiling & Regulation ) Act, 1976 (for short, “the Ceiling Act”). Initially, an order was passed on 15.1.1997 under Section 8(a) and thereafter subsequent orders were passed under Section 10(3) and Section 10(5). According to the petitioners, no hearing was given before passing the said orders. According to the petitioners, possession of the land has not been taken by the State Government or its auhorised representative or the Competent Authority under the said Act. On 29.11.2007, the Ceiling Act was repealed in view of the adoption of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 (Repealing Act) by the State of Maharashtra and therefore, further proceedings stand abated and the State cannot take possession of the land now. The petitioners have filed this petition seeking declarations accordingly. 3 3. On behalf of the respondents, Mr. Dattatraya Sambhaji Doifode, Deputy Collector and Competent Authority, has filed affidavit-in-reply wherein he has denied that no hearing was given to the petitioners before passing the order under Section 10(3) and also contended that notice under Section 10(5) to hand over possession was given on 6.10.2005 to the petitioners. According to him, land has been vested in the Government in view of the provisions of section 10(3) of the Ceiling Act. However, he admitted that actual possession of the land has not been taken. 4. Heard the learned Counsel for the parties. 5. Admittedly, the Repealing Act was adopted by the State of Maharashtra and came into force on 29.11.2007. Under Section 3(1) of the Repealing Act, the repealing of the Ceiling Act would not affect vesting of any vacant land under Section 10(3), possession of which has been take over by the State Government or by any person duly authrorized by the State Government or by the Competent Authority. The case is fully covered by the Voltas Ltd. and anr. vs. Additional Collector & Competent Authority 2008 (5) Bom.C.R.746 wherein the Division Bench of this Court has held that if possession of the land is 4 not taken under the Ceiling Act, all legal proceedings in respect of any order made or purported to be made under the Ceiling Act pending immediately before the commencement of the Repealing Act before any Court, Tribunal or other authority shall abate in view of Section 4 of the Repealing Act. Admittedly, SLP to challenge to the said judgment filed by the State Government was dismissed by the Supreme Court. As in the present case, possession of land has not been taken prior to the enforcement of the Repealing act, further proceedings for acquisition or taking possession of the land under the Ceiling Act have to abate under Section 4 of the Repealing Act. 6. For the aforesaid reasons, the Petition is allowed and it is hereby declared that further proceedings for taking possession for acquisition of the land stands abated. No order as to costs. (J.H.BHATIA,J.) (F.I.REBELLO, J.)