1wp-1124-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1124 OF 2010 Shri Bhiva Pandu Bhoir ...Petitioner vs. The State of Maharashtra and others ...Respondents Mr G. M. Savagave, Advocate for the Petitioner. Mr S.N. Patil, A.G.P., for Respondent Nos.1 to 3. --- CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 8TH MARCH,2010 P.C.: 2wp-1124-10 1. Rule returnable forthwith. Heard finally by consent of parties. 2. After commencement of the the Urban Land (Ceiling & Regulation) Act,1976 ( hereinafter referred to as The ULC Act ) the predecessor-in-title of the petitioner filed his return. Pursuant to that Return an order was made on 7.9.79 declaring the land admeasuring 9426.42 square meters as surplus from the holding of the petitioner. Notification under sub-section (3) of Section 10 of the U.L.C. Act was published on 2.5.1985. Notice under Section 10(5) of the U.L.C.Act, was given on 29.3.2003. But according to the petitioner, possession of surplus land was not taken by the respondents. The fact that the actual and physical possession of the subject land is still with the petitioner, is admitted in the affidavit filed on behalf of the respondents. Thus, it is clear that on 29.11.2007 when the Urban 3wp-1124-10 Land (Ceiling and Regulation) Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, possession of surplus land was with the petitioner is an established position. Hence, in view of the provisions of the Repeal Act and in view of the judgment of the Division Bench in the case Voltas Ltd., and another Vs. The Addl.Collector and Competent Authority and others reported in 2008 (5) Bom.C.R.746, the petition is required to be allowed. The petition is accordingly allowed. It is directed that all further proceedings in relation to the above said land which were declared surplus abate with effect from 29.11.2007. Rule is made absolute accordingly. No order as to costs. (JUSTICE D.K.DESHMUKH) (JUSTICE A.R.JOSHI)