D. C. SRIVASTAVA, J.

( 1 ) THE orders and action of the authorities, under the Urban Land ceiling Act, are under challenge in this writ petition.

( 2 ) THE petitioners land, having an area of 12,385 Sq. Metres was declared excess under Sec. 8 (4) of the Urban Land Ceiling Act, 1976 on 3. 1. 1985. On 22. 8. 1985, the petitioner offered a scheme on the said excess land under Sec. 21 of the Urban Land ceiling Act for construction of dwelling units for the weaker sections of the society. Annexure-b is the aforesaid scheme. This scheme was rejected on 15. 12. 1986 on the sole ground that notification under Sec. 10 (3) of the Urban Land Ceiling Act (for short, the Act) was published in the Official Gazette on 25. 7. 1985 vide Annexure-c. However, the petitioner, feeling aggrieved against this order of rejection of proposed scheme under sec. 21 of the Act, preferred on appeal, wherein the order of rejection of scheme under sec. 21 was set aside on 15. 12. 1986 and the case was remande. d to the competent authority for deciding the scheme/application under Sec. 21 afresh. After remand, no action was taken by the competent authority to consider and decide the scheme submitted by the petitioner under Sec. 21, either before or after 30. 3. 1999. The Act was, thereafter, repealed in the year 1999 and it was adopted by the State of Gujarat with effect from 30. 3. 1999. The Repeal Act No. 15/99 shall be referred as repeal Act in the following portion of the judgment:

( 3 ) THE petitioners allegation is that, on 20. 3. 1986, illegal symbolic possession of the excess land was taken by the respondent and no actual possession was taken. The petitioner is still in possession of the said land. It is also the averment of the petitioner that, on 20. 3. 1986, possession could not be taken by the respondent because, the scheme under Sec. 21 of the Act was pending and the same was rejected on 15. 12. 1986. Consequently, prior to 15. 12. 1986, possession could not be taken, and the said recovery of possession by the respondent is contrary to law.

( 4 ) IN this factual background, the petitioner has prayed that the action of the State, respondent No. 1, of taking possession of the so-called excess land on 20. 3. 1986 is illegal and that the State is in unlawful possession of the scheme land from 20. 3. 1986 to 30. 3. 1999. It is further prayed that the respondent Nos. 1 and 2 be directed to handover possession of land, which was taken as paper possession of Final Plot Nos. 115, 116, 108, 287 and 280 of Mangalpur, District Vadodara, measuring 12,385 Sq. Metres.

( 5 ) SHRI P. M. Bhatt, learned counsel for the petitioner and Shri Premal Joshi, learned agp representing the respondents were heard and affidavit, counter affidavit and rejoinder affidavit were examined.

( 6 ) IT is not in dispute that the Urban Land Ceiling Act was repealed by Act No. 15 of 1999 and this was adopted by the State of Gujarat with effect from 30. 3. 1999. It has to be seen, what is the effect of the Repeal Act. For this, two sections of the Repeal Act are relevant and material.

( 7 ) SECTION 4 provides that, all proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this ordinance, before any Court, Tribunal or any authority, shall abate.

( 8 ) THUS, Sec. 4 deals with abatement of pending legal proceedings. The Proviso to sec. 4, however, provides that, the provision of this section will not apply to proceedings relating to Secs. 11, 12, 13 and 14 of the Principal Act in so far as such proceedings are relatable to the land, possession of which has been taken over by the State Government or any person duly authorized by the State Government in this behalf or by the competent authority. It is, thus, clear from Sec. 4 of the Repeal Act that, pending proceedings relating to any order made or purported to be made under the Principal Act shall abate, but such proceedings will not abate in relation to Secs. 11,

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