Partly allowed

Smt. Phulabai Ganga Sarai, through Poa, Shri. Manoj Baburao Patil and Anr. v. the Additional Chief Secretary and Principal Secretary, Revenue and Forest Dept and Ors.

Bombay HC11 Aug 2014WP/6653/2014

Case brief

AI extract

What is this about?

Writ petitions challenged the State Government's delay in deciding applications for prior approval under Section 36A of the Maharashtra Land Revenue Code. The court directed the Government to decide proposals within two months and instructed the Collector to act within two weeks of notification.

What did the court decide?

State Government to decide proposals within two months; District Collector to pass orders within two weeks of receiving decision.

Smt. Phulabai Ganga Sarai, through Poa, Shri. Manoj Baburao… — Land Acquisition | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO.6653 OF 2014 with WRIT PETITION NO.6655 OF 2014

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Smt. Phulabai Ganga Sarai & Others. .. Petitioners Vs The Additional Chief Secretary & Principal Secretary and Others. .. Respondents –

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with WRIT PETITION NO.6656 OF 2014 Smt.Gangubai Budha Sarai & Others. .. Petitioners Vs. The Additional Chief Secretary & Principal Secretary and Others. .. Respondents -- with WRIT PETITION NO.6657 OF 2014 Shri Soma Navasu Sarai & Others. .. Petitioners The Additional Chief Secretary & Principal Secretary and Others. .. Respondents -- with WRIT PETITION NO.6659 OF 2014 Shri Devram Ambu Mhasne & Others. .. Petitioners Vs The Additional Chief Secretary & Principal Secretary and Others. .. Respondents -- with WRIT PETITION NO.6660 OF 2014 Shri Laxman Ambu Mhasne & Others. .. Petitioners Vs The Additional Chief Secretary & Principal Secretary and Others. .. Respondents –

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with WRIT PETITION NO.6661 OF 2014
Shri Dinkar Hari Bamsara and Others. .. Vs	Petitioners
The Additional Chief Secretary & Principal Secretary and Others. .. –	Respondents
with WRIT PETITION NO.6662 OF 2014
Smt. Thakubai Bacchu Bhasme and Others. .. Vs	Petitioners
The Additional Chief Secretary & Principal Secretary and Others. .. -- with WRIT PETITION NO.6663 OF 2014	Respondents
Shri Walu Manga Sarai and Others. .. Vs	Petitioners
The Additional Chief Secretary & Principal Secretary and Others. .. --	Respondents
with WRIT PETITION NO.6664 OF 2014
Shri Pandurang Sakharam Sarai and Others. .. Vs	Petitioners
The Additional Chief Secretary & Principal Secretary and Others. .. --	Respondents
with WRIT PETITION NO.6665 OF 2014
Shri Budha Ganpat Dhule and Others. .. Vs	Petitioners
The Additional Chief Secretary & Principal Secretary and Others. .. –	Respondents
with WRIT PETITION NO.7324 OF 2014
Shri Shivaji Ganpat Mukane and Others. .. Vs	Petitioners

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The Additional Chief Secretary & Principal Secretary and Others.

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.. Respondents

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Shri Vikram Chavan for the Petitioners in all Petitions. Shri V.S. Gokhale, AGP for The Respondents in all Petitions.

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CORAM : A.S. OKA & A.S. CHANDURKAR, JJ.

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DATE : 11TH AUGUST 2014

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P.C.:

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. Not on board. Taken on board.

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Heard learned counsel appearing for the Petitioners and the

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learned AGP for the Respondents.

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The grievance made in these Petitions is that the Applications

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made by the Petitioners for grant of permission under Section 36A of the Maharashtra Land Revenue Code, 1966 ( for short “the said Code”) are awaiting decision for a considerable long time. It is pointed out that the Applications have been recommended by the office of the Divisional Commissioner, Nashik Division, Nashik under the communication addressed to the Additional Chief Secretary and Principal Secretary of the Revenue and Forest Department. It is contended that no decision has been yet taken by the State Government. The learned AGP has no

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instructions about the present status of the proposal.

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The proposals submitted to the State Government for consideration of grant of prior approval in terms of the Clause (b) of Subsection (1) of Section 36A of the said Code will have to be decided by the State Government and thereafter, the Collector will have to pass orders on the Applications.

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5. Accordingly, we pass the following order:

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ORDER :

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(a) We direct the State Government to take appropriate decision on the proposals received from the office of the Divisional Commissioner, Nashik Division, Nashik on the basis of the Applications made by the respective Petitioners;

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(b) The State Government shall take appropriate decision on the said proposals for grant of prior approval of the State Government as provided in Clause (b) of Subsection (1) of Section 36A of the Maharashtra Land Revenue Code, 1966 as expeditiously as possible and preferably within a period of two months from today;

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(c) The orders passed by the State Government shall be forthwith communicated to the District Collector. The District Collector thereupon shall pass an appropriate orders on the Applications within a period of two weeks from the date on which the decision of the State Government is communicated to him;

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(d) We make it clear that we have not made any adjudication on merits of the Applications made by the Petitioners;

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(e) The Petitions are disposed of on above terms;

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(f) All concerned to act upon an authenticated copy of this order.

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( A.S. CHANDURKAR, J ) (A.S. OKA, J.)

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Smt. Phulabai Ganga Sarai, through Poa, Shri. Manoj Baburao Patil and Anr. v. the Additional Chief Secretary and Principal Secretary, Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Phulabai Ganga Sarai, through Poa, Shri. Manoj Baburao Patil and Anr. v. the Additional Chief Secretary and Principal Secretary, Revenue and Forest 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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