Allowed

Shri. Pandurang Narayan Bhoir and Ors. v. the State of Maharashtra, through Secretary, Govt of Maha. Urban Development Dept and Ors.

Bombay HC14 Aug 2012WP/6070/2012

Case brief

AI extract

What is this about?

This warrant case involved a petitioners challenge to Thane Municipal Corporations order rejecting revised building plans due to proximity to a化工厂. The Court quashed the order as the chemical factory had closed and been demolished long before.

What did the court decide?

The impugned communication dated 22 June 2012 was quashed and set aside. The petitioners building plans are to be considered without objection regarding proximity to the protection wall of Raghunandan

Shri. Pandurang Narayan Bhoir and Ors. Vs the State of… — Property and Title | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6070 OF 2012

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Shri Pandurang Narayan Bhoir and others.

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... Petitioners

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Versus

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The State of Maharashtra and others.

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... Respondents

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Mr. Suresh Sabrad for the petitioners.

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Mr.Prashant Darandale, Assistant Government Plaeader for State. Mr.Mandar Limaye for respondent Nos.2 and 3.

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Mr.R.V. Desai, Senior Advocate with Mr.Parag Vyas for respondent No.4Union of India.

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CORAM : MOHIT S. SHAH, C.J.. & N.M. JAMDAR, J.

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Tuesday , August 14, 2012

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P .C.

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Rule, returnable forthwith.

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In the facts and circumstances of the case, the petition is taken up for final disposal.

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The learned counsel for the respondents waive service.

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The petitioners have challenged the impugned communication dated 22 June 2012 of the Thane Municipal Corporation, rejecting the petitioners' revised building plans on the ground that since the proposed construction will be within 150 meters from the protection wall of Raghunandan Chemical Company, a chemical factory, it cannot be granted.

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SRK

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The learned counsel for the petitioners points out that Raghunandan Chemical Company had not only closed down when the application was made by the petitioners but the building of Raghunandan Chemical Company itself was demolished as far back as in 2006 and that in its place a new building of shopping centre and commercial complex has been constructed and the occupancy certificate for the shopping centre came to be issued by Thane Municipal Corporation on 17 February 2009. The learned counsel for the Corporation does not dispute this position nor any reply is filed on behalf of the Corporation. Only submission made on behalf of the Corporation is that the matter may be remanded back to the Corporation for fresh consideration.

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However, in view of the admitted position, there will be no question of invoking the prohibition against the construction of building within 150 meters from the protection wall of Reghunandan Chemical Company. The petitioners had also brought the above fact to the notice of the Municipal Corporation, still the impugned order came to be passed.

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In view of the above discussion, the impugned order dated 22 June 2012 at Exhibit -F to the petition, is quashed and set aside and Thane Municipal Corporation shall consider the petitioners' building plans for the land in question without raising any objection about the proposed construction being within 150 meters of protection wall of Raghunandan Chemical Company. The impugned communication is set aside and the petition is allowed in above terms.

CHIEF JUSTICE

N.M. JAMDAR, J .

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SRK

Shri. Pandurang Narayan Bhoir and Ors. v. the State of Maharashtra, through Secretary, Govt of Maha. Urban Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Pandurang Narayan Bhoir and Ors. v. the State of Maharashtra, through Secretary, Govt of Maha. Urban Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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