Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.381 OF 2009 Smt Vijay Sivshankar Thobade and Anr ..Petitioners. vs. State of Maharashtra & Anr ..Respondents. Mr G.S.Godbole, (with Mrs. Jai V. Kanade) Advocates for the Petitioners. Mr C.R.Sonawane, A.G.P., for Respondent No.1. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 16TH NOVEMBER,2009 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. On commencement of the Urban Land (Ceiling and Regulation)Act, 1976, the petitioners filed return about the vacant land held by him. By an order dated 28.11.1997 land admeasuring 92274 square meters was declared as surplus from the holding of the petitioners. The petitioners submitted a scheme under Section 20 for exemption of the surplus land. The State Government by an order dated 10-7-1998 sanctioned exemption in relation to the land admeasuring 35799 sq.meters. Thus, out of 92274 sq.meters of land which was found surplus with the petitioners land admeasuring 35799 sq.meters was exempted from the provisions of the Act under Section 20. Therefore, now a declaration under Section 10 (1) had to be issued in relation to that part of the surplus land which was not covered by the exemption order. However, it appears that by mistake a notification under Section 10 (3) of the U.L.C. Act was issued on 14.6.2002 mentioning the entire land. Therefore, that declaration was subjected to revisional proceedings under Section 34 of the Act. Those revisional proceedings were decided by order dated 31.1.2007 by the State Government. The State Government cancelled declaration made under Section 10 (1) and 10 (3). The case of the petitioners is that there is no fresh declaration made under Section 10 (1) and 10 (3) the surplus land excluding the land in relation to which exemption has been granted till date. Therefore, according to the petitioners, in view of the Repeal of the Principal Act, 1999 with effect from 29.11.2007 all proceedings in relation to 56475 square meters land will abate as neither any declaration under Section 10 (1) or 10 (3) is validly made nor possession of the land is taken. Thus, though land admeasuring 56475 square meters was declared as surplous no further action has been taken till 29.11.2007 when the Act was repealed. The possession of that land is also not taken. In the result, therefore, the petition succeeds and is allowed. It is declared that proceedings under the Ceiling Act in relation to land admeasuring 56475 square meters from the holding of the petitioners which was declared as surplus by an order dated 28.11.1997 have abated by operation of the provisions of the Repeal Act. 3. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)