2. wp 6437-07.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6437 OF 2007 Popat Trimbak Shinde & Ors .. Petitioners Vs The Secretary, Department of Housing & Special Assistance & Ors .. Respondents Mr. R.D. Soni i/b M/s. Ram & Co for the Petitioners Mr. V.S. Gokhale, AGP a/w Mr. Sameer Patil, AGP for the Respondents CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ Reserved on : 20th December, 2011. Pronounced on : 23rd December, 2011. P.C.: [ Per Smt. V.K. Tahilramani, J. ] 1. Heard learned counsel for the petitioners and learned AGP. 2. The petitioners have approached this Court mainly with a prayer for quashing and setting aside all the proceedings and orders under the Urban Land (Ceiling & Regulation) Act, 1976 in respect of land of the petitioner bearing Survey Nos. 47/5/2 + 47/6 ad measuring 7291.25 sq mtrs situated at Makhmalabad, Nashik. The learned counsel for the petitioners 1 2. wp 6437-07.doc restricted his arguments only in relation to above mentioned prayer. 3. The fact that the petitioners are the landholders is not disputed. It is also not disputed on behalf of the respondents that the Urban Land (Ceiling & Regulation) Act, 1976 was repealed on 29.11.2007. As a result of decision of this Court in Voltas Ltd & Anr Vs Additional Collector and Competent Authority, Thane & Ors, 2008(5) ALL MR 537, wherein it is held that if the possession has not been taken from the land holder, the Authorities are not entitled to proceed under the Repealed Urban Land Ceiling Act. In the present case, it is not disputed vide affidavit of Mr. Subhash Govind Gosavi, Tashildar, Urban Land Ceiling Office, Nashik that the possession of land was not taken by the Government under this Act. In the circumstances, the petition is liable to be allowed in terms of prayer clause a(iii) which reads thus: (a) That this Hon'ble Court be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of Writ of Certiorari thereby quashing and / or setting aside : (i) .............. (ii) ............. (iii) Notice dated 30th May 2007 under Section 10(5) of the U.L.C. Act issued to the petitioners directing the petitioners to handover possession of the excess land within 30 days from the date of issuance of the said notice, annxed as Exh. J hereto. 2 2. wp 6437-07.doc 4. It is made clear that if any scheme is submitted by the petitioners in relation to the land in question, the concerned authorities to deal with the same in accordance with law. 5. Rule is disposed of in above terms with no order as to costs. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 3