2008 INSC 0404
                                    SUPREME COURT OF INDIA

                                          Competent Aty. & Anr.

                                                      Vs.

                                          Mohanbhai Khimabhai

                                           C.A.No.4261 of 2001

                                   (Tarun Chatterjee and H.S.Bedi,JJ.)

                                                 13.02.2008

                                                   ORDER

1. This appeal has been filed against the judgment and order dt.12.02.1996 passed by the
High Court of Judicature at Ahmedabad in SCA No.2667/1988 which reads as follows :-

        " In the result, this petition is accepted. The order passed by the Competent Authority
        at Bhavnagar (respondent No.1 herein) on 27th March 1987 under section 8(4) of the
        Act at Annexure-E to this petition as affirmed in appeal by the appellate order passed
        by the Urban Land Tribunal at Ahmedabad on 29th February 1988 in Appeal No.
        Bhavnagar - 10 of 1987 at Annexure-I to this petition is quashed and set aside. The
        matter is remanded to respondent No.1 for restoration of the proceeding to file and for
        his fresh decision according to law in the light of this judgment of mine. Rule is
        accordingly made absolute with no order as to costs."

2. After the matter was remanded to the Competent Authority and Deputy Collector (Urban
Land Ceiling), Bhavnagar, Gujarat for re-determination of the ceiling limit of land of the
respondent, the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force.
Section 4 of the said Act reads as follows :-

        "4. All proceedings relating to any order made or purported to be made under the
        principal Act pending immediately before the commencement of this Act, before any
        court, tribunal or other authority shall abate:

        Provided that this section shall not apply to the proceedings relating to sections
        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 authorised by the State Government in this behalf or by the competent
        authority."

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3. In view of Section 4 of the Act quoted above, the proceedings before the Land Tribunal
shall stand abated. Accordingly, this appeal and the proceeding in question stand disposed of
as abated.

4. There shall be no order as to costs.

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