1 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7605 OF 2009 Kashibai Kashinath Mulundkar. ...Petitioner vs. 1.The Competent Authority & ors. ...Respondents --- Mr.Deepak Poonamiya, for Petitioner. Mr.S.R.Nargolkar, AGP for Respondents. --- CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 8TH FEBRUARY,2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. 2. Pursuant to the Return filed by the petitioner under the Urban Land (Ceiling & Regulation) Act, land admeasuring 2032.50 sq. meters 2 was declared as surplus by order dated 22.8.2003. Out of the land declared surplus, a scheme under Section 20 of the Act was sanctioned in relation to the land under all other survey numbers except the land under Survey no.32/13 admeasuring 130 sq.meters situated at Majiwade, Taluka Thane, Dist. Thane. The scheme has been implemented in relation to other land. Notification under sub-section (1) of Section 10 of the Act in relation to abovementioned survey no.32/13 was issued which was published on 15.6.2000. Notification under Section 10(3) of the Act was published on 23.1.2003. Notice under Section 10(5) of the Act was not issued. Till 29.11.2007 even possession of the land under that survey no. 32/13 was not taken. This fact is admitted in the reply filed by the respondents. The submission of the petitioner is that in view of the provisions of the Urban Land (Ceiling & Regulation) Repeal Act and the judgment of the Division Bench of this Court in the case Voltas Ltd. Vs. The Addl. Collector & Competent Authority & Ors., 2008(5) Bom.C.R. 746 , all further proceedings in relation to land under 3 Survey no.32/13 abate. In this view of the matter and 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. (supra), the Petition will have to be allowed. It is accordingly so allowed. Rule is made absolute in terms of prayer clause (e). No order as to costs. (D.K.DESHMUKH,J.) (A.R.JOSHI,J.)