Disposed

Rizwan Abdul Kadar Dhole and Ors. v. Bhiwandi Nizampur City Municipal Council and Ors.

Bombay HC15 Sept 2014WP/1134/2013

Case brief

AI extract

What is this about?

This writ petition addressed the grievance regarding the pending application of the petitioners for development permission on dereserved land. The court directed the Bhiwandi Nizampur Municipal Corporation to decide the application within three months, considering the previous judgment.

What did the court decide?

Directed the Municipal Corporation to decide the application within three months while considering the previous judgment.

Rizwan Abdul Kadar Dhole and Ors. Vs Bhiwandi… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1134 OF 2013

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Rizwan Abdul Kadar Dhole and Others. .. Petitioners Vs Bhiwandi Nizampur City Municipal Council and Others. .. Respondents

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Shri Amol P. Mhatre for the Petitioners. Shri V.S. Gokhale, AGP for the Respondent Nos.3 and 4.

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CORAM : A.S. OKA & G.S.KULKARNI, JJ DATED : 15TH SEPTEMBER 2014

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P.C.

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. Heard learned counsel appearing for the Petitioners. None appears for the first and Second Respondents. The learned AGP appears for the third and fourth Respondents. The notice for final disposal was issued on 12^th March 2013. The Petitioners are claiming to be the owners of the property more particularly described in Paragraph 3.1 of the Petition. It is disclosed in the Petition that in the development plan, the land of the Petitioners described in Paragraph 3.1 of the Petition was reserved for primary school and playground. The Petitioners are relying upon the notice dated 21^st January 1987 issued to the predecessor of the Bhiwandi Nizampur Municipal Corporation. Bases on the said notice, some of the Petitioners had filed the Writ Petition No.6024 of 2000 in this Court. By the judgment and

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order dated 18^th June 2004, the said Writ Petition was allowed and it was declared that the property set out in Paragraph 5 of the said judgment and order is deemed to be dereserved.

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The Petitioners have pointed out that an Application has been made by the Petitioners through their Engineers/Surveyors on 29^th April 2011 for grant of development permission in respect of the said land. The development permission sought is for construction of the school and community hall. The grievance made in this Petition under Article 226 of the Constitution of India is that the said Application is kept pending and no orders have been passed on the said Application notwithstanding the fact that the said lands have been dereserved.

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The notice has been duly served to the first and second Respondents. The second Respondent is the Commissioner of Bhiwandi Nizampur Municipal Corporation.

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The learned counsel appearing for the Petitioners states that the Application dated 29^th April 2011 is still pending. We accept the statement. In view of this statement, we dispose of the Petition by passing the following order.

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ORDER :

(a) We direct the Bhiwandi Nizampur Municipal Corporation to decide the Application dated 29^th April 2011 made by the Petitioners for grant of development permission in accordance with law;

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(b) The Petitioners shall produce an authenticated copy of this order before the Commissioner of the Bhiwandi Nizampur Municipal Corporation;

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(c) The Application shall be decided as expeditiously as possible and in any event within a period of three months from the date on which an authenticated copy of this order is produced by the Petitioners before the Commissioner of the Bhiwandi Nizampur Municipal Corporation;

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(d) While considering the Application, the Bhiwandi Nizampur Municipal Corporation shall take into consideration the judgment and order dated 18^th June 2004 passed by this Court in Writ Petition No.6024 of 2000;

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(e) We make it clear that we have made no adjudication on the merits of the Application of the Petitioners and that the concerned Officer of the Bhiwandi Nizampur Municipal Corporation shall decide the same in accordance with law;

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(f) The Petition is disposed of on above terms;

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(g) The Bhiwandi Nizampur Municipal Corporation shall act upon an authenticated copy of this order.

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(G.S.KULKARNI, J)

Rizwan Abdul Kadar Dhole and Ors. v. Bhiwandi Nizampur City Municipal Council and Ors.

Case brief

What is this about?

What did the court decide?

Rizwan Abdul Kadar Dhole and Ors. v. Bhiwandi Nizampur City Municipal Council and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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