Disposed

Shri. Vishwas Baburao Patil and Ors. v. State of Maharashtra, through Urban Development Dept and Ors.

Bombay HC24 Sept 2012WP/7545/2012

Case brief

AI extract

What is this about?

Petitioners sought direction to allot surplus land admeasuring 2670 sq. mtrs. to them based on a 2004 Government Resolution. The High Court directed the appropriate authority to consider the proposal expeditiously.

What did the court decide?

Respondent Nos. 1 to 3 directed to consider and decide the proposal for allotment of the land within three months and communicate the decision to Petitioners.

Shri. Vishwas Baburao Patil and Ors. Vs State of… — Land Acquisition | Bombay HC (2012)

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33.wp.7545.12.doc

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jdk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION W.P.NO. 7545 OF 2012

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Shri. Vishwas Baburao Patil and Ors.

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..Petitioners

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Vs.

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State of Maharashtra and Ors. ..Respondents

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Mr. Rahul P. Walvekar for Petitioners Mr. C.R.Sonawane AGP for Respondents

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CORAM : A.M.KHANWILKAR AND SMT. V.K.TAHILRAMANI, J J. DATE : SEPTEMBER 24, 2012.

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P.C.:

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1. The Petitioners have already surrendered the surplus

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land to the Government. The said land was allotted to Mahalaxmi Co.Operative Housing Society Kolhapur. However, that allotment later on, had been recalled and set aside by the competent authority. In other words, the land originally belonged to the Petitioners which was declared surplus. Possession of the surplus land was handed over to the competent authority. The same has once again become available for distribution to the Department due to subsequent events. In this context, the petitioners have made representation to the appropriate authority for allotting the land to them on the basis of policy decision of the State Government manifested in the Government Resolution dated 14.7.2004 (Exhibit E) at page 30 and 31 of

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33.wp.7545.12.doc

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the Writ Petition. That representation has been made by the Petitioners way back in 2009 which it appears, has remained pending. The limited relief claimed in this petition is to direct the Respondent Nos. 1 to 3 to consider and decide the proposal for allotment of land admeasuring 2670 sq. mtrs. Bearing Survey No. 175 K/1 situated Ujlaiwadi, Tal. Karveer, District Kolhapur expeditiously.

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2. In the circumstances, we dispose of this Writ Petition with a hope that the appropriate authority would consider the proposal of the Petitioners regarding the allotment of the said land on the basis of the extant Regulation and governing Government Policy, expeditiously, preferably within three months from today and communicate the decision so taken, to the Petitioners within the same time.

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3. We make it clear that we have not expressed any opinion one way or the other on the question as to whether the Petitioners are entitled for allotment of the said plot of land in terms of the said policy. Even that question will have to be answered by the appropriate authority. All questions are left open.

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4. Petition is disposed of accordingly.

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[ SMT. V.K.TAHILRAMANI,J.] [ A.M.KHANWILKAR, J. ]

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kandarkar

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Shri. Vishwas Baburao Patil and Ors. v. State of Maharashtra, through Urban Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Vishwas Baburao Patil and Ors. v. State of Maharashtra, through 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

Statutes considered

Parties & counsel

Coram

Case details

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