1 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10138 of 2009 1.Ramesh Shripat Patil & Ors. ...Petitioners vs. 1.The Collector & competent Authority Ulhasnagar Urban Agglomeration and others. ...Respondents --- Ms.Gauri Godse, for Petitioners. Mr.C.R.Sonawane, AGP for Respondent nos.1 to 3. --- CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 17TH FEBRUARY,2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. 2 2. Pursuant to the return filed by the petitioners under the Urban Land (Ceiling & Regulations) Act by order dated 26.3.1981 land admeasuring 1686.63 sq.meters was declared as surplus. Notification under sub-section (1) of Section 10 of the Act was published on 16.4.1981 and notification under Section 10(3) of the Act was prepared on 26.12.1984 and was published on 4.4.1985. Then notice under Section 10(5) of the Act was issued on 9.10.2005. But according to the petitioners, possession of the land was not taken by the Government. According to the petitioner, therefore, as the possession of the land declared as surplus was with the petitioners on 29.11.2007 the date when the Urban Land (Ceiling & Regulation) Act was repealed by the Urban Land (Ceiling & Regulation) Repeal Act, in view of the provisions of the Repeal Act and in view of the judgment of the Division Bench of this Court in the case Voltas Ltd. Vs. Additional collector & Competent Authority & ors., 2008(5) Bom.C.R. 746 , further proceedings in relation to the land declared as surplus is 3 abated. A reply has been filed by the Respondents. In the reply, in paragraph 3 a categorical statement has been made that the actual and physical possession of the subject land is not taken by the Respondents. In this view of the matter, therefore, the petition is required to be allowed. The petition is accordingly allowed. It is declared that all further proceedings in relation to the land which is declared as surplus by order dated 26.3.1981 have lapsed. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (A.R.JOSHI,J.)