The petitioner challenged regarding reservation benefits requiring a notice to the Social Welfare Department under Maharashtra Regional and Town Planning Act. The court found the notice was not properly issued, dismissing the petition.
Petition disposed of without costs; petitioner given liberty to take other legal steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp202114.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2021 OF 2014
Vijay Kumar s/o Ratanchand Bora
Petitioner
Versus
The State of Maharashtra & others
Respondents
Mr.Mahesh R. Sonawane, advocate for the petitioner Mrs.A.V.Gondhalekar, A.G.P. for Respondents No.1 & 2. Mr.P.N.Khedkar, advocate for Respondent No.3.
CORAM : B.P.DHARMADHIKARI &
A.M.BADAR, JJ. DATE : 25th November, 2014
PER COURT:
2 It is not in dispute that Reservation vide site no.29 on the land of petitioner G.No.920 is for the benefit of Social Welfare Department and notice under Section 127 of the Maharashtra Regional & Town Planning Act has not been forwarded to that authority.
3 Advocate Shri Sonawane contends that said notice has been served by petitioner upon planning authority, namely Municipal Council, which, in turn, has forwarded the same to the Social Welfare Department.
4 In order to invoke deeming fiction as per provisions of Section 127 of the M.R.T.P. Act, petitioner has to show full
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wp202114.odt
compliance thereof. Therefore, he needs to show that he has communicated his intention to the authority for whose benefit the reservation was provided for. As the petitioner never issued such notice to that authority, it is clear that present petition is misconceived.
5 With liberty to petitioner to take such other steps, as are open in law, petition is disposed of. No costs.
A.M.BADAR JUDGE
B.P.DHARMADHIKARI JUDGE
adb/wp202114
1 issue framed by the court
Whether the petitioner established compliance with the notice requirements of Section 127 of the Maharashtra Regional & Town Planning Act to invoke the deeming fiction.
1 provisions across 1 enactments
Vijay Kumar s/o Ratanchand Bora
The State of Maharashtra
B.P. Dharwadikari
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
