Quashed

Hansabai Bhaurao Khandagale v. the Commissioner Municipal Corporation Aurangabad and Ors.

Bombay HC11 Jun 2014WP/283/2012

Case brief

AI extract

What is this about?

Writ petitioner challenged a Town Planning order revoking her construction permission due to alleged suppression of pending suit details. The bench, noting no hearing was provided, quashed the impugned order and directed issuance of a fresh notice with an opportunity of hearing.

What did the court decide?

The order issued on 29/11/2011 by the Assistant Director, Town Planning is quashed and set aside. A fresh notice shall be issued after an opportunity of hearing.

Hansabai Bhaurao Khandagale Vs the Commissioner Municipal… — Landlord and Tenant | Bombay HC (2014)

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wp283-12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO.283/2012

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Hansabai w/o Bhaurao Khandagale Age 65 years, Occ-Household R/o New Osmanpura, Aurangabad Tq. & Dist.Aurangabad

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.. Petitioner

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Versus

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1] The Commissioner Municipal Corporation Aurangabad

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2] The Assistant Director Town Planning Department Municipal Corporation Aurangabad

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3] Smt.Jogindar Kaur w/o Pritamsing Siledar, Age 51 years, Occ-household and service, R/o new Osmanpura Aurangabad, Tq. & Dist.Aurangagad .. Respondents

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Mr.P.R.Patil h/f G.G.Suryawanshi,Adv.for petitioner Mrs.S.G.Chincholkar,AGP for Respondent State. Mr.S.S.Tope,Adv. for respondent no.1 Mr.Y.K.Bobade h/f Mr.M.R.Andhale,Adv.for respondent no.3

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CORAM : R.M.BORDE & V.L.ACHLIYA,JJ. DATED: 11th June, 2014

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ORAL JUDGMENT :-

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Rule. Rule returnable forthwith. By consent of parties, petition is heard finally.

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2] The petitioner is raising exception to the order issued by the Assistant Director, Town Planning, Aurangabad on 29/11/2011 revoking the construction permission issued in favour of the petitioner. The reasons recorded in the order for revoking the construction permission is that while securing construction permission it is alleged that the petitioner has suppressed the information in respect of filing of suit by respondent no.3 and about temporary injunction issued by Civil Court in the aforesaid suit. The counsel appearing for petitioner informs that the suit presented by respondent no.3 vide R.C.S.No.192/10 has already been dismissed and as at present, there is no interim relief operating against him.

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3] While entertaining the instant petition by order dated

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10/2/2012, this Court directed stay to the operation of the order issued by Assistant Director, Town Planning on 29/11/11 and as a result thereof, petitioner has raised the contention.

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4] In the facts and circumstances of this case, since order has been issued by Assistant Director on 29/11/11, without extending an opportunity of hearing to the petitioner, same deserves to be quashed and set aside. It would be open for the concerned respondents to issue a fresh notice to the petitioner and pass appropriate order after extending opportunity of hearing to the petitioner, if deemed necessary.

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5] In view of above, rule is made absolute accordingly.

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[V.L.ACHLIYA,J.] [R.M.BORDE,J.]

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umg

Hansabai Bhaurao Khandagale v. the Commissioner Municipal Corporation Aurangabad and Ors.

Case brief

What is this about?

What did the court decide?

Hansabai Bhaurao Khandagale v. the Commissioner Municipal Corporation Aurangabad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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