-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.7378 OF 2007 NO.7378 OF 2007 NO.7378 OF 2007 Mrs Shanta M. Walvekar and ors. ...Petitioners v/s The State of Maharashtra and ors. ...Respondents Mr G.S. Godbole for Petitioners. Mr A.H. Palekar, AGP for Respondent Nos.1 to 3. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. By this petition, the petitioners challenge Notification dated 11th January 2007 issued under subsection (3) of section 10 of the Urban Land (Ceiling and Regulation) Act 1976. An order under subsection (5) of section 10 of the said Act, according to the petitioners, has not been issued. It is the case of the petitioners that till the Urban Land (Ceiling and Regulation) Act 1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999, made effective from 29th November 2007, possession of the lands was not taken by the Government and as the possession of the lands was not taken by the State Government before 29th November 2007, an order under subsection (5) of section 10 of the said Act was not made. In view of the provisions of the Repeal Act 1999, all proceedings in relation to the land declared as surplus lapsed and the land reverts back to the land owner. We have heard learned counsel appearing for the State. The State Government has filed affidavit in reply. In the said reply also, the State Government does not claim that possession of the lands declared as surplus was taken by the Government before 29th November 2007. In this view of the matter therefore, this petition will be covered -3- by 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 view of that judgment, rule in the petition is made absolute in terms of prayer clause (a). 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.)