Madhukar Damodar Sonawane and Ors. Vs Nashik Municipal Coaporation and Ors.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1857 OF 2011

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Madhukar Damodhar Sonawane & Ors. V/s

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Nashik Municipal Corporation & Ors.

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.. Petitioners

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.. Respondents

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Mr.R.D.Soni i/by M/s.Ram & Co.for the petitioners. Mr.R.S.Apte, Senior Advocate i/by Mr.Vaibhav Patankar for Resp.Nos.1 & 2. Mr.S.N.Patil, AGP for Respondent Nos.3 & 4.

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CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ.

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DATE: 20th June, 2011

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P.C:

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Rule. Rule is made returnable forthwith and heard finally by consent of the parties.

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Petitioners are the owner of land bearing Site No.389 at Nashik. In the development plan, the land was shown as reserved for "garden". The Petitioners therefore issued purchase notice under section 127 of the Maharashtra Regional & Town Planning Act. As the land was not purchased within the time provided by law, on the assumption that the reservation has lapsed, the petitioners submitted building plan to the Respondent No.1

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2

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Corporation. The building plan was rejected by the Corporation on the ground that the land is reserved. The petitioners therefore filed appeal before the State Government challenging the rejection of the building plan.

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As the appeal is pending before the State Government for a long time and the State Government is not deciding the same, the petitioners have approached this Court. We have heard learned AGP appearing for the State Government. We direct the State Government to decide the appeal as expeditiously as possible and in any case within six weeks from the date on which the writ of this order is served on the State Government. While deciding the appeal the State Government shall also decide the question as to whether the reservation is deemed to have lapsed or not.

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Rule is made absolute accordingly. Petition is disposed of . No order as to

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costs.

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(R.G.KETKAR, J.)

Madhukar Damodar Sonawane and Ors. v. Nashik Municipal Coaporation and Ors.

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Madhukar Damodar Sonawane and Ors. v. Nashik Municipal Coaporation and Ors.

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