12.wp.132-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.132 OF 2010 Dundha Sitaram Dhamne. ..Petitioner. Versus The Deputy Collector and Competent Authority, Ulhasnagar, Urban Agglomeration, Thane and others. ..Respondents. ... Mr.Deepak Poonamiya, Advocate for the Petitioner. Mr.S.R.Nargolkar, AGP, for Respondent No.1 to 3. ... CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : FEBRUARY 02, 2010. P.C. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. Pursuant to a return filed by the petitioner under the Urban Land (Ceiling and Regulation ) Act, 1976 (hereinafter referred to as "the ULC Act") land admeasuring 916 square meters was declared as surplus land by order dated 23.3.2005. Thereafter notification under sub section 1 of 12.wp.132-10 2 Section 10 was issued on 4.6.2005. Thereafter notification under sub section 3 of Section 10 was issued on 16.12.2005. Even notice under Section 5(10) was also issued on 7.3.2006. But according to the petitioner, the physical possession of the land was never taken by the respondent. According to the petitioner therefore in view of the provisions of the Repeal Act and the judgment of the Division Bench 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Bom.C.R. 746, as the petitioners continue to be in possession of the surplus land on 29.11.2007 when the ULC Act was repealed by the Repeal Act, all further proceedings in relation to the surplus land under the ULC Act have lapsed. 3. The Government has filed their reply. In its reply, more particularly in para-3, the Government has accepted that the actual possession is with the petitioner. In this view of the matter and the provisions of the Repeal Act and the judgment of the Division Bench of this Court in the case of 12.wp.132-10 3 Voltas Ltd. (supra), the Petition will have to be allowed. Petition is allowed accordingly. Rule is made absolute in terms of prayer clause (f). No order as to costs. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)