Partly allowed

Shri. Jayesh Vallabhdas Thakkar and Anr. v. the State of Maharashtra through Secretary, Revenue and Forest Dept. and Ors.

Bombay HC14 Jan 2016WP/12528/2015

Case brief

AI extract

What is this about?

Three-connected writ petitions challenging delays in prior approval for forest land requisition. Court deferred merits and directed State Government to decide within one month.

What did the court decide?

State Government to decide pending proposals within one month; Additional Collector to pass order within one month of receiving decision; merits of applications kept open.

Shri. Jayesh Vallabhdas Thakkar and Anr. Vs the State of… — Land Acquisition | Bombay HC (2016)

¶1

skn 1/2 10711.15-wp

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

WRIT PETITION NO. 10711 OF 2015

¶4

Shri Kashinath Rayji Bhoye. ... Petitioner. V/s. The State of Maharashtra and others. ... Respondents.

¶5

AND WRIT PETITION NO. 10712 OF 2015

¶6

Smt.Bhanubai Kashinath Bhoye. ... Petitioner. V/s. The State of Maharashtra and others. ... Respondents.

¶7

AND WRIT PETITION NO. 12528 OF 2015

¶8

Shri Jayesh Vallabhdas thakkar and another. ... Petitioners. V/s. The State of Maharashtra and others. ... Respondents.

¶9

AND WRIT PETITION NO. 12529 OF 2015

¶10

Shri Jayesh Vallabhdas Thakkar and another. ... Petitioners. V/s. The State of Maharashtra and others. ... Respondents.

¶11

Suresh M. Sabrad for the petitioners. V.S.Gokhale, AGP for the respondents.

¶12

CORAM : A.S. OKA AND C.V.BHADANG, JJ DATED : 14^th January 2016.

¶13

P.C. :

¶14

Not on board. Taken up on board.

¶15

skn 2/2 10711.15-wp

¶16

Yesterday time was granted to learned AGP to take instructions. He states that in spite of communication made by him, he has not received any instructions.

¶17

Reliance is placed by the learned counsel for the petitioner on several orders passed by this Court from time to time and, in particular, the order dated 10^th October 2014 passed in W.P.No.8744/2014 and other connected matters. Clause (iv) of paragraph- 11 of the said judgment and order covers the case of the present petitioners. Hence, we dispose of these petitions by following order:

¶18

ORDER

¶19

(i) If the proposals submitted to the State Government for grant of prior approval under clause (b) of sub-section (1) of section 36A of the Maharashtra Land Revenue Code, 1966 are still pending with the State Government, appropriate decision shall be taken by the State Government thereon within a period of one month from today;

¶20

(ii) The decision taken by the State Government shall be immediately communicated to the Additional Collector, Nashik. The Additional Collector, Nashik shall pass appropriate order on the applications made by the petitioners within a period of one month from the date on which the decision of the State Government received by him. (iii) All contentions on merits of the pending applications are kept open.

¶21

(iv) Petitions are disposed of in the above terms.

¶22

(C.V. BHADANG, J)

Shri. Jayesh Vallabhdas Thakkar and Anr. v. the State of Maharashtra through Secretary, Revenue and Forest Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Jayesh Vallabhdas Thakkar and Anr. v. the State of Maharashtra through 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

Similar cases

Janata Hill S.R.A Co-Operative Housing Soc Ltd. and Anr. Vs State of Maharashtra and 3 Ors.

Shri. Mahadeo Harishchandra Dhavale and Ors. Vs State of Maharashtra and Ors.

Shantilal Keshavlal Shah and Ors. Vs the Principal Secretary - Government of Maharashtra Revenue and Forest Dept. and Ors.

Ramchandra Genba Karande and Anr. Vs the State of Maharashtra through Revenue Dept. and Ors.

Shri. Ramchandra Sadashiv Shelke and Ors. Vs Ld. District Collector of Kolhapur and Ors.

Mr. Deepak Govindbhai Shah Vs the Municipal Commiissioner Brihan Mumbai Mahanagar Palika and Ors.