Disposed

Shreeji Builders and 2 Ors. v. State of Maharashtra and 2 Ors.

Bombay HC8 Dec 2006WP/2658/2006

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition, holding the Collector's order of May 29, 1999, to be a notice to show cause, and directed the Collector to pass a fresh reasoned order after giving the petitioners an opportunity of a personal hearing.

What did the court decide?

The Collector directed to pass a fresh reasoned order after furnishing the petitioners an opportunity of a personal hearing; petitioners to file replies within four weeks.

Shreeji Builders and 2 Ors. Vs State of Maharashtra and 2 Ors. — Land Acquisition | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.2658 OF 2006 WITH CHAMBER SUMMONS NO.328 OF 2006

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Shreeji Builders & Ors. Vs.

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State of Maharashtra & Ors.

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..Petitioners.

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..Respondents.

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Mr. N. H. Seervai, Senior Advocate with Mr. F. Pooniwala for the Petitioners.

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Mr. K.R. Belosey, AGP for the State – Respondent Nos.1 and 2. Ms. Ushajee Peri i/b Mr. Mihir Desai for the Applicant in Chamber Summons 328/06.

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CORAM: DR. D.Y. CHANDRACHUD, J. 8^th December, 2006.

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P.C. :

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The order of forfeiture passed by the Collector on 29^th May, 1999 came to be issued without furnishing to the Petitioners an opportunity of being heard. When this Petition came up for hearing, an adjournment was sought by the learned AGP to take instructions as to whether the Collector would be ready and willing to pass fresh orders after furnishing to the Petitioners an opportunity of being heard. The Learned AGP who has taken instructions states that the Collector, Mumbai city will pass fresh orders after furnishing to the Petitioners an opportunity of being heard. The Petitioners do not object to a fresh determination by

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the Collector. In the circumstances, this Petition is disposed of with the following directions :

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i) The order of the Collector dated 29^th May, 1999 shall be

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treated as a notice to show cause to the Petitioners to explain why the land should not be resumed by the Government;

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ii) The Petitioners would be at liberty to file their replies before the Collector within a period of four weeks from today;

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iii) The Collector shall pass a reasoned order after furnishing to the Petitioners an opportunity of a personal hearing;

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iv) All the rights and contentions of the Petitioners on the one hand and of the State Government are kept open.

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The Petition is accordingly disposed of.

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In view of the disposal of the Petition, the Chamber

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Summons is disposed of.

Shreeji Builders and 2 Ors. v. State of Maharashtra and 2 Ors.

Case brief

What is this about?

What did the court decide?

Shreeji Builders and 2 Ors. v. State of Maharashtra and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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