1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9730 OF 2009 Premier Dyes Corporation ...Petitioners v/s The Additional Collector and Competent Authority, Thane and anr. ...Respondents Mr R.S. Datar for Petitioners. Ms S.S. Bhende, AGP for Respondents. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 4TH JANUARY 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] After commencement of the Urban Land (Ceiling and Regulation) Act 1976, the petitioners filed return as required by the provisions of the said Act. Pursuant to that return, the land admeasuring 14,115.50 sq.mtrs. was declared as surplus from the holding of the petitioners by order dated 24th July 1990. It appears that thereafter Notification under sub-section (1) of section 10, Notification under sub-section (3) of section 10 and Notification under sub-section (5) of section 10 of the said Act in relation to the suit land were issued. But, according to the petitioners, till 29th November 2007, when the Urban Land (Ceiling and Regulation) Act 1976 was repealed, possession of the land was not taken by the respondents. This fact is admitted in the affidavit filed by the respondents. Thus, it is common ground that with effect from 3 29th November 2007 the Urban Land (Ceiling and Regulation) Act 1976 was repealed as Urban Land (Ceiling and Regulation) Repeal Act 1999. It means that though the suit land was declared as surplus under the said Act, till 29th November 2007 possession thereof was not taken in proceedings under the said Act. Therefore, in view of the provisions of the Repeal Act and decision in the case of Voltas and anr. v/s Additional Collector and Competent Authority and others, reported in 2008(5) Bom.C.R. 746, all further proceedings would abate. Writ petition therefore will have to be allowed. Petition is accordingly allowed, it is declared that all further proceedings under the said Act in respect of land bearing gat No.6 of Village Chitalsar Manpada, Taluka and District Thane are abated. The respondents have stated that though they failed to take possession of the surplus land before 29th November 2007, by order dated 22nd January 2008 the surplus land was allotted to the Thane Municipal Corporation. Rule is made absolute in terms of prayer clause (b) with no order as to 4 costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )