1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 717 OF 2009 Harshavardhan C-op.Housing Society Ltd. ... Petitioners. Vs. The State of Maharashtra ... Respondents. Mr. G.S.Godbole advocate for petitioners. Mrs. S.S.B hende AGP for respondent-State. . Coram : Smt. Ranjana Desai and A.A.Sayed, JJ. Date : August 17, 2009. P.C.:- 1. In this petition, filed under Article 226 of the Constitution of India, petitioner has inter alia, prayed that respondent No.2 be directed to forthwith withdraw and/or cancel the impugned notice dated 6.9.2007 issued by the Competent Authority, Pune Urban Agglomeration, Pune u/s.10 (5) of the Urban Land (Ceiling & Regulation) Act, 1976 in case No. 1528-5A in respect of area admeasuring 20010 sq.mts. from Survey No. 14/3/1/1 (pt.), 14/1/1, 14/5/1, 13/1/1 and 17/1/1/1 of Village Pimple Nilakh, Tal. Haveli, District Pune being Exhibit -M to the petition as also impugned Notification dated 13.3.2007 issued by the Additional Collector and Competent Authority, Pune Urban Agglomeration 2 Pune in respect of land admesuring 20010 sq.mts. from Survey Nos. 14/3/1/1 (pt), 14/1/1. 14/5/1, 13/1/1 and 17/1/1/1 u/s. 10(3) of the U.L. (C & R) Act, 1976 which is published in MGG dated 31.5.2007 Pune Division Supplement at pg.1139 being Exhibit "L" to this petition and also impugned Notification dated 31.1.2002 issued by Additional Collector and Competent Authority, Pune Urban Agglomeration,Pune in respect of 20010 sq.mts. from lands bearing S.Nos. 14/3/1/1 (pt), 14/1/1, 14/5/1, 13/1/1 and 17/1/1/1 of village Pimple Nilakh, Taluka Haveli, District Pune u/10 10(1) of U.L. (C & R) Ac5, 1976 in case No. 1528-SA being Exhibit "F" to the petition which has been subsequently published in MGG dated 16.5.2002 Pune Division Supplement at pg. No.870. and to declare that on account of the Resolutions passed by the Maharashtra Legislative Assembly and the Maharashtra Legislative Council on 29.11.2007 under Article 252 (2) of the Constitution of India thereby adopting the provisions of the U.L.(C & R) Repeal Act, 1999 in respect of the aforesaid notices and notifications and the aforesaid land and for consequential order of cancellation of M.E.No. 5500 dated 3.10.2007 made in V.F.No.6 of Village Pimple Nilakh Tal.Haveli, 3 Dist.Pune - Exh."N" to the petition and to delete the entries made in 7x 12 extracts in respect of the aforesaid lands. 2. Learned Counsel for the parties agree that this case is covered by the Judgment of this Court in VOLTAS LTD. & ANR. VS. ADDITIONAL COLLECTOR & COMPETENT AUTHORITY AND ORS., 2008(5) Bom.C.R. 746. Affidavit in reply is filed by Bhanudas Pandurang Gaikwad, Deputy Collector and Competent Authority, Pune Urban Agglomeration, Pune on behalf of the respondents. In the affidavit it is categorically stated that the Competent Authority has not taken possession of the excess vacant land prior to 29.11.2007 i.e. the date on which the Urban Land (Ceiling & Regulation) Act, 1976 came to be repealed and possession of the said land is with the land owners. 3. Consequently rule is made absolute in terms of prayer (c) and (d) qua the petitioner's land. 4. Petition is accordingly disposed of. [Smt. Ranjana Desai, J.] [A.A.Sayed, J.]