Section 4 of the Repeal Act - Provides that all proceedings under the original ULC Act pending immediately before the Repeal Act's commencement shall abate, except for proceedings related to land where possession has been taken by the State Government. This indicates that once the Repeal Act came into force, most ULC proceedings automatically ceased unless they involved possession of land already taken over by authorities. 2023 0 Supreme(Bom) 1247, 2023 0 Supreme(Bom) 2128, 2023 0 Supreme(Bom) 1126
Savings Clause in Section 3 of the Repeal Act - The Repeal Act contains a solitary savings clause, which preserves certain actions and orders under specific sections (notably Sections 11, 13, and 14) of the ULC Act, particularly where possession has been already taken. However, proceedings that are still pending or where possession has not been taken generally do not survive the repeal. 2023 0 Supreme(Bom) 324, 2023 0 Supreme(Bom) 1247, 2023 0 Supreme(Bom) 2128
Abatement of Proceedings Post-Repeal - Courts have consistently held that ULC proceedings initiated before the Repeal Act and where possession was not taken by 29th November 2007 (the date of enforcement in Maharashtra) are deemed abated. As a result, such proceedings do not continue and are effectively nullified, restoring the land to the original owner or the land's status prior to proceedings. 2023 0 Supreme(Bom) 2128, 2023 0 Supreme(Bom) 1246, 2024 0 Supreme(Guj) 1194
Challenge to ULC Proceedings after Repeal - Due to the automatic abatement of proceedings under Section 4, challenging these proceedings after the Repeal Act's enforcement is generally barred. Courts have clarified that once proceedings have abated, they cannot be revived or challenged unless specific conditions are met, such as possession being lawfully taken before the repeal date. Additionally, the benefit of the Repeal Act is typically extended to those whose proceedings were pending and where possession was not yet taken. 2025 Supreme(Online)(Tel) 13155, 2025 0 Supreme(Telangana) 1443, 2023 0 Supreme(Bom) 1246
Jurisdiction and Locus Standi - After the lapse of decades and the repeal, petitioners or challengers generally lack locus standi to challenge ULC proceedings or sale transactions that occurred long after the proceedings were abated or deemed nullified, especially when original files are unavailable and proceedings were initiated before the Repeal Act. Civil courts are also not empowered to declare such proceedings as void or illegal post-repeal. 2025 Supreme(Online)(Tel) 13155, 2025 0 Supreme(Telangana) 1443
Analysis and Conclusion:The appropriate remedy to challenge ULC proceedings after the repeal of the ULC Act is limited. Once the Repeal Act came into force, Section 4 mandated the abatement of ongoing proceedings unless possession had been lawfully taken before the repeal date. Challenges to proceedings that have abated are generally barred, and courts have upheld that such proceedings cannot be revived or contested after a significant lapse of time or without possession being taken. The savings clause in Section 3 offers limited protection, mainly for proceedings already finalized or where possession was secured. Therefore, the primary remedy is to demonstrate that proceedings were still pending and that possession was not taken before the repeal date; otherwise, the proceedings are considered abated, and no further challenge is permissible.References:2023 0 Supreme(Bom) 1247, 2023 0 Supreme(Bom) 324, 2023 0 Supreme(Bom) 2128, 2024 0 Supreme(Guj) 1194, 2025 Supreme(Online)(Tel) 13155, 2025 0 Supreme(Telangana) 1443
