The main legal point established in the judgment is that if actual physical possession of the land was not taken before the Repeal Act came into effect, the land cannot be said to have vested in the State Government.

JUDGMENT

Dipankar Datta, CJ. - Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. Shri VA. Thakare, learned A.G.R, waives notice on behalf of respondent Nos. 1 to 4.

3. Shri EN. Kothari, learned counsel, waives notice on behalf of respondent No.5.

4. In this petition, the petitioners have sought declaration that as the surplus land acquisition proceedings vide ULC Case No. 2715/1976 initiated by the respondents under the provisions of The Urban Land (Ceiling and Regulation) Act, 1976 (for short "ULC Act, 1976") is lapsed, the petitioners are entitled to continue with their possession in respect of lands bearing Survey Nos. 27/1, 26/1 and 26/3, situated at Mouza Gorewada, Tah. and District Nagpur.

5. It is stated that the father of the petitioners was the original owner and in possession of the agricultural lands as stated above. The father of the petitioners expired long back, and the petitioners inherited the subject lands, being his legal representatives.

6. The respondents initiated proceedings under the provisions of the ULC Act, 1976. The Competent Authority under the ULC Act, 1976 directed the father of the petitioners to submit the statement under Section 6(1) of the ULC Act, and in pursuance thereof, he had submitted the statement of objection on 11/12/1985.

7. On the basis of the aforesaid statement, and upon enquiry, an order was passed by respondent No.2 under Section 9 of the ULC Act, 1976 on 06/04/1993, and final statement was prepared and served upon the father of the petitioners wherein the land admeasuring 16713 square meters was shown as surplus land of the land owned by the petitioners' father.

8. Thereafter, a notification under Section 10(1) of the ULC Act, 1976 was also issued on 06/04/1993, and the same was also published in the Government Gazette.

9. The core submission of the petitioners is that though the final declaration was published under Section 10(3) and the notice under Section 10(5) of ULC Act, 1976 was issued to the father of the petitioners calling upon him to handover the physical possession, none of the authorities, including the respondents, have taken any steps to take possession of the surplus land, either from the father of the petitioners or from the present petitioners till today.

10. On 29/11/2007, the State of Maharashtra adopted The Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short "Repeal Act"), as a result of which, the ULC Act, 1976 stood repealed in the State of Maharashtra. The petitioners have filed this petition stating that the actual physical possession of the lands was never taken by the respondents, and that they continue to be in peaceful possession of thesame. The petitioners have therefore prayed that in view of repeal of the ULC Act, 1976, the subject lands reverted to them, and that the respondents cannot have any claim upon the same.

11. Shri Tathod, the learned counsel for the petitioners, submitted that in cases where actual possession of the land has not been taken before 29/11/2007, when the Repeal Act came into effect in the State of Maharashtra, the said land cannot be said to have vested in the State Government and therefore, the State can have no claim upon the same. In support of his submission, the learned counsel has relied on the judgment of the co-ordinate Bench of this Court in the case of Dhondiram Babu Ghodake Vs. The State of Maharashtra &Anr, reported in 2018(7) ALL MR 784, wherein this Court has relied on the judgment of the co-ordinate Bench of this Court in the case of Volta Ltd. & Anr. Vs. Additional Collector & Competent Authority & Ors., reported in 2008 (5) Bom. C. R. 746, and held as under :

"8. This Court in its judgment in the case of Voltas Ltd. [2008(5) ALL MR 537] (supra) has considered the question of the effect of Repeal Act, particularly in cases where actual physical possession of the land was not taken before 29.11.2007, when the Repeal Act came into effect in the