1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8559 OF 2009 1.The Union Land and Building Society Ltd. & Anr. ...Petitioners vs. 1.The Addl.Collector & Competent Authority & ors. ...Respondents --- Mr.S.G.Karandikar i/b. Mr.S.D.Bhosale, for Petitioners. Mr.V.S.Gokhale, AGP for Respondent nos.1 to 3. CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 3rd February,2010. P.C: 1. Rule returnable forthwith. Heard finally by consent of parties. The facts that are relevant for 2 disposing of this petition are that pursuant to the Returns filed by the petitioners, by order dated 7.10.2002 land admeasuring 182.39 sq.meters was declared as surplus from the holding of the petitioner. Notification under Section 10(1) of the Urban Land (Ceiling & Regulation) Act was issued on 11.1.2007. After that, notification under Section 10(3) of the Act was published on 2.2.2007. Then notice under Section 10(5) of the Act was issued on 15.10.2007. According to the petitioner, till the Act was repealed by the Urban Land (Ceiling & Regulation) Repeal Act on 29.11.2007 in the State of Maharashtra, possession of the surplus land was not taken by the Government. Reply is filed on behalf of the Respondent-State. They admit that the possession of the land which was declared as surplus is still with the petitioners. In view of this position and the provisions of the Repeal Act and the judgment of the Division Bench of this Court in the case of Voltas Ltd. Vs. Additional Collector & Competent Authority & ors., 2008(5) Bom.C.R. 746, the petition will have to be allowed. It is 3 accordingly so allowed. Rule is made absolute in terms of prayer clause (c). No order as to costs. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)