skc 1 WP-6666-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 6666 OF 2010 Dharma Sonu Surkar ..Petitioner versus The Addl. Collector & Competent Authority, Thane Urban Agglomeration & Ors. ..Respondents Mr. S. G. Karandikar for Petitioner. Mr. V. S. Gokhale - Assistant Government Pleader for State - Respondents. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. Date of Reserving the Order : 22.12.2011 Date of Pronouncing the Order: 23.12.2011 ORAL ORDER (Per : S. A. Bobde) : Rule, returnable forthwith. Mr. Gokhale waives service for State - respondents. Heard finally by consent of parties. 2. The petitioner has approached this Court interalia for a direction that the notifications issued under Section 10(1) dated 17.2.2000 and published in the official gazette on 15.6.2000, under section 10(3) dated August 2002 and published in the official gazette on 12.2.2002 and notice issued under section 10(5) dated 17.2.2005 be quashed and set aside. skc 2 WP-6666-10 3 The case of the petitioner is that he had filed return as contemplated by section 6(1) of the Urban Land (Ceiling & Regulation) Act, 1976, in respect of three lands from Village Kolshet, District : Thane bearing Survey Nos. 121/10, 198/1 Part and 137/12. The land bearing survey no. 137/12 was not considered in his holding because the petitioner could not produce the document relating to title of the said land. However, in respect of remaining two lands, bearing survey Nos. 121/10 and 198/1 (Part) he was treated as owner and his return was processed further. The notices were issued to erstwhile owners from whom the petitioner had purchased the lands under the provisions of Tenancy Act. After detailed enquiry, land admeasuring 11,347.25 sq. meters from Survey No. 198/1 Part of Village Kolshet was declared as surplus. In view of declaration of surplus, notification under section 10(1) of the ULC Act, 1976 in respect of the suit land was prepared on 17.2.2000 and published in the official gazette on 15.6.2000. Thereafter notification under section 10(3) of the ULC Act, 1976 was prepared in August 2002 and published in the official gazette on 12.12.2002. In furtherance of the said notification notice under section 10(5) of the ULC Act was issued on 17.2.2005 by the competent authority. 4. The petitioner has not handed over possession of the land to the skc 3 WP-6666-10 respondents under any law including Urban Land (Ceiling and Regulation) Act, 1976, nor the State Government or its machinery ever took possession from the petitioner and thus the land in question continues to be in possession of the petitioner till date. Further according to the petitioner in view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 the earlier law imposing land ceiling has been repealed on 29.11.2007 and that the respondents are not entitled to proceed with any action under the Repealed Act. It is not in dispute that by the judgment of this Court in Voltas Ltd. & Anr. vs. Additional Collector and Competent Authority, Thane & Ors. [2008(5) ALL MR 537], it is well settled that if the possession has not been taken from the land holder, the Authorities are not entitled to proceed under the Repealed Urban Land Ceiling Act. 5. The learned Assistant Government Pleader does not dispute the factual and legal aspect of the matter including the fact that the case is covered by the decision in Voltas case. 6. In the circumstances, Rule is made absolute in terms of prayer clauses (b), (c) and (d). No order as to costs. (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)