1wp-2346-09 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.2346 of 2009 M/s D. Dahyabhai and Co. Pvt Ltd. ..Petitioner. vs. The State of Maharashtra and Ors. ..Respondents. Mr Rajesh S. Datar, Advocate for the Petitioner. Mr S.R. Nargolkar, A.G.P., for the Respondents. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 23RD NOVEMBER,2009 2wp-2346-09 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. In view of the order that we proposed to pass in this petition, the necessary facts can be taken from the affidavit of the State Government itself dated 21.11.2009. 3. In proceedings under the Urban Land (Ceiling and Regulation)Act, 1976 ( the U.L.C.Act, 1976 for short), by an order dated 29.11.2007, the land admeasuring 3,10,079 square meters at village Manpada, District Thane was declared as surplus. There was a scheme sanctioned for exemption under Section 20 of the U.L.C.Act,1976 in relation to 88,971 square meters of land. Possession of 88,971 square meters of land, according to the State 3wp-2346-09 Government, was taken on 29.4.1988. So far as balance surplus land admeasuring 2,21,108 square meters is concerned, even, according to the State Government, possession of that land was not taken till 29.11.2007 when the U.L.C., Act was repealed by the Urban Land Ceiling and Regulation Repeal Act, 1999. The present petition relates to 2,21,108 square meters of land, which was declared as surplus by an order dated 29.11.2007. The case of the petitioner is that, possession of this land, admittedly, was not taken by the State Government till 29.11.2007, in view of the Repeal Act all further proceedings under the Repeal Act in relation to that land have lapsed. The learned counsel for the petitioner relies on a judgment of this court in the case of Voltas Ltd vs. Addl.Collector and ors 2008 (5) Bom.C.R.746, in support of his submission. In our opinion, as this is common ground before us so far as the land admeasuring 2,21,108 square meters continued to be in possession of the petitioner and the State Government never took its 4wp-2346-09 possession in proceedings under the Principal Act, in view of the provisions of the U.L.C. Repeal Act and the judgment of the Division Bench in the case of Voltas Ltd, petition will have to be allowed. It is accordingly allowed. Rule made absolute in terms of prayer clause (a). No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)