Disposed

The State of Maharashtra and Ors. v. Laxman Shiva Kavade

Bombay HC14 Dec 2006CAF/882/2007

Case brief

AI extract

What is this about?

Single judge disposed of a civil application seeking extension of time to apply for regularization of a suit structure. The court granted a two-week extension, clarified there was no prior court direction for regularization, and directed maintenance of status quo.

What did the court decide?

Extension of time by two weeks to apply for regularization; status quo maintained for 12 weeks; Respondent empowered to demolish if application not filed.

The State of Maharashtra and Ors. Vs Laxman Shiva… — Municipal and Town Planning | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.882 OF 2007

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IN

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APPEAL FROM ORDER NO.266 OF 2007

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 Laxmikant Vasudev Kapkar

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...Applicant

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vs.

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Municipal Corporation of

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...Respondent

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Mr.Dinesh C. Shah for the Applicant

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CORAM: A.S.OKA,J.
DATE : AUGUST 27, 2007.

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P.C.:

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 1. Heard Advocate for the applicant. None appears for the

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 Respondent. By this application a prayer is made for

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 extension of time to apply for regularization of the suit
 structure. It is stated that the applicant applied to the
 State Government for regularization of the suit structure
 which was forwarded by the State Government to the

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 Commissioner of the Respondent-Corporation. It is pointed out
 that by communication dated 14th June 2007, the Applicant was
 informed that he should apply to the Executive Engineer
 (Building Proposal, Western Suburbs) for regularization.

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 2. Time granted by order dated 10th April 2007 was of six
 weeks. Considering the averments made in the Application,
 time to apply for regularization is extended by a period of
 two weeks from today. If application for regularization is

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made within stipulated period, the same shall be disposed of
 within a period of eight weeks from the date of receipt of the
 application. If application for regularization is made within
 stipulated period, both the parties will maintain status quo
 as of today in respect of the suit structure for a period of
 12 weeks from today.

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 3. If application for regularization is not made within two

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 weeks from today, it will be open for the

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 Respondent-Corporation to demolish the suit structure.

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 4. A copy of application dated 25th April 2007 submitted by
 the applicant to the State Government records that this court
 has directed that the suit structure should be regularised.
 The said statement is obviously incorrect and it is clarified
 that there is no such direction issued. The application for
 regularization will be decided in accordance with law.

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5. Civil Application is disposed of in above terms. No order

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6. Parties to act upon an authenticated copy of this order.

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JUDGE

The State of Maharashtra and Ors. v. Laxman Shiva Kavade

Case brief

What is this about?

What did the court decide?

The State of Maharashtra and Ors. v. Laxman Shiva Kavade

Case brief

What is this about?

What did the court decide?

What the court decided

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