-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.370 OF 2008 NO.370 OF 2008 NO.370 OF 2008 Dhirajlal C. Gopani and anr. ...Petitioners v/s The Additional Collector and Competent Authority, Urban Agglomeration, Thane and anr. ...Respondents Mr S.G. Karandikar for Petitioners. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. Admittedly, the land from the holding of the petitioners was declared as surplus land under the Urban Land (Ceiling and Regulation) Act 1976. Thereafter, Notification dated 20th December 2006 was issued under subsection (3) of section 10 of the Urban Land (Ceiling and Regulation) Act 1976 and Notice under subsection (5) of section 10 of the said Act was issued on 28th June 2007 directing the petitioners to deliver possession of the land. According to the averments in the petition, possession of the land declared as surplus, however, was not taken by the Government till 29th November 2007 when the Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999. According to the learned counsel appearing for petitioners, now proceedings for acquisition of land cannot continue and the land will revert back to the petitioners. The Government has filed an affidavit. In that affidavit, the Government has not claimed that the possession of the land which was declared as surplus was taken in accordance with law in time before 29th November 2007. The learned counsel -3- appearing for petitioners relied on the judgment of Division Bench of this Court in writ petition No.8356 of 2006 (Voltas Ltd. and anr. v/s Additional Collector and Competent Authority, Urban Agglomeration, Thane and ors.) decided on 25th July 2008 to which one of us (D.K. Deshmukh J.) is a party. In this view of the matter therefore, petition will have to be allowed. Rule is made absolute in terms of prayer clause (d) with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)