- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 4704 OF 2009 Kashinath Gopal Shinge ..Petitioner Vs. The State of Maharashtra ..Respondent Mr. M. S. Karnik, for the Petitioner. Mr. V. S. Gokhale, AGP for the Respondent. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 27, 2010. P.C. : 1. Heard the learned counsel for the petitioner and the learned AGP for the Respondent. The counsel for the petitioner has submitted that as the issue involved in the present writ petition has squarely been covered by the decision of the Division Bench of this Court in the case of – Voltas Ltd. & Anr. Vs. Additional Collector & Competent Authority Thane & Ors. [2008(5) ALL.MR 537]. It is contended that after Urban - 2 - Land (Ceiling and Regulation) Repeal Act (1999) came into force with effect from 29-11-2009, the proceedings initiated by the Competent Authority under the Urban Land Ceiling Act are abated/vitiated. Hence, in the instant case possession of the land in question which was declared surplus is with the petitioner. The proceedings initiated under section 10(3) and 10(5) of the Urban Land Ceiling Act after Repealing Act came into force stands abated and therefore, the land in question belonging to the petitioner does not vest in the State Government. 2. We have considered the contentions canvassed by the learned counsel for the respective parties. In the instant case it is not in dispute that (i) possession of land survey Nos. 88/3 and 86/3 admeasuring 4200 sq. mts. situate at village Owale, Taluka and District Thane which was subject matter of proceedings under the urban Land Ceiling Act, is with the petitioner; (ii) the proceedings under section 10(1) were initiated by issuing the notice on 8th June 2005; and (iii) the notice under section 10(5) was issued on 12th July 2006. 3. The learned AGP has not disputed the fact that possession of the land which was declared surplus under the urban Land Ceiling Act is with the petitioner. The learned AGP has not disputed the fact that the issue is squarely covered by the decision of this Court in the case of - 3 - Voltas Pvt. Ltd. (supra). In the circumstances, in view of the the fact that possession of the land is with the petitioner and the proceedings of acquisition were initiated after the Repealing Act came into force with effect from 29-11-2007, the proceedings under the Urban Land Ceiling Act stands abated/vitiated. Hence, the land of the petitioner does vest in the Government and the petitioner is entitled to retain the same. With these observations, writ petition is disposed of. Sd/- [D. D. SINHA, J.] Sd/- [ A. A. SAYED, J.]