Allowed

Shri. Narayan Bhika Savant v. State of Maharashtra, through Secretary, Dept of Revenue and Anr.

Bombay HC17 Apr 2014WP/1875/2014

Case brief

AI extract

What is this about?

This writ petition concerns the allotment of land situated in an industrial zone. The petitioner, having deposited payment for previously allotted land, challenged a communication rejecting the allotment. The High Court held that the rejection ground was untenable.

What did the court decide?

Set aside the communication dated 9th March 2012 and directed the Deputy Collector to reconsider the application within three months.

Shri. Narayan Bhika Savant Vs State of… — Labour and Industrial Disputes | Bombay HC (2014)

wp1875

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
 WRIT PETITION NO.1875 OF 2014

¶5

Narayan Bhika Savant
vs.

¶6

...Petitioner

¶7

State of Maharashtra & Ors....Respondents

¶8

Ms Meenakshi Sakhare for the Petitioner
Mr.V.S.Gokhale, AGP for the respondent Nos.1 and 2

¶9

CORAM : A.S.OKA, &
 A.A.SAYED, JJ.
DATE : APRIL 17, 2014

¶10

P.C.:

¶11

1Heard the learned counsel for the petitioner
and the learned AGP for the respondent Nos.1 and 2.
The communication dated 9th March 2012 at Exhibit-D
to the petition records that the lands suggested by
the petitioner cannot be considered for allotment in
as much as the said lands are at village Sanaswadi
within industrial zone.

¶12

2Our attention is invited to the order dated 22nd
March 2011 passed by the First Court in Writ
Petition No.6067 of 2010 (Maruti Mahadu Gurav
Vs.State of Maharashtra and another). The
contention raised by the State in the said petition
was that in view of the policy contained in the
proposal dated 1st September 2010, the lands in
Sanaswadi area shall not be allotted. The said
contention has been negatived by this Court in
paragraph 5 of the petition.

¶13

wp1875

¶14

¶15

3In the present case, it is contended that the
land was earlier allotted to the petitioner on the
basis of the order at Exhibit-D but the petitioner
was not put in possession. It appears that on 4th
January 1994, the petitioner has deposited a sum of
Rs.1500/- towards the price of the land to be
allotted to him.

¶16

4Therefore, prayer made by the petitioner cannot
the rejected on the ground specified in the
communication dated 9th March 2012.

¶17

5We accordingly pass the following order:

¶18

(I)We set aside the communication dated 9th
March 2012 Exhibit-D to the petition and direct
the Deputy Collector (Resettlement), Pune to
reconsider the application made by the
petitioner in the light of the observations
made in this order;

¶19

(II)Appropriate order shall be passed by the
Deputy Collector as expeditiously as possible
and in any event within a period of three
months from today;

¶20

(III)Petition is disposed of on above terms.

¶21

(A.A.SAYED,J.)

Shri. Narayan Bhika Savant v. State of Maharashtra, through Secretary, Dept of Revenue and Anr.

Case brief

What is this about?

What did the court decide?

Shri. Narayan Bhika Savant v. State of Maharashtra, through Secretary, Dept of Revenue and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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