Disposed

Karansingh Sakharam Bhil and Another v. the State of Maharashtra and Others

Bombay HC7 Jul 2016WP/2512/2015

Case brief

AI extract

What is this about?

The High Court at Aurangabad disposed of two writ petitions seeking directions from the State of Maharashtra to decide pending applications for conversion of agricultural land for non-agricultural use under Section 36A of the MLRC. The court directed authorities to decide within six months.

What did the court decide?

The respondent authority directed to decide the pending applications for conversion of land within six months from the date of the order.

Karansingh Sakharam Bhil and Another Vs the State of… — Land Acquisition | Bombay HC (2016)

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1 WP-2512.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2512 OF 2015

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Karansingh Sakharam Bhil and another ...PETITIONERS

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versus

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The State of Maharashtra and others ...RESPONDENTS

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WITH WRIT PETITION NO. 2518 OF 2015

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Ghula S/o Jambha Bhil and another ...PETITIONERS

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versus

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The State of Maharashtra and others ...RESPONDENTS

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Mr. Rahul S. Pawar, Advocate for petitioner Mrs.A.V. Gondhalekar, AGP for respondents No. 1 to 5

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CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

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DATED : 7^th JULY, 2016.

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Order :-

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The petitioners seeks directions against respondents to decide their applications/proposals under section 36A of the Land Revenue Code, 1966 (for short “MLR Code”).

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Mr. Pawar, learned counsel for petitioners submits that petitioners had applied for conversion of land for non agricultural use, the same are still pending. According to learned counsel for petitioners,

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earlier vide order dated 30^th April, 2014 this Court had directed the

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2 WP-2512.15

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respondents - authorities to take decision on the proposal of the petitioners under section 36-A of the MLR Code. The petitioners had provided the details for conversion purpose, however, the same are not considered. Learned counsel submits that crucial date for calculating the conversion charges is the date of receipt of application for conversion of use of land. According to learned counsel, the respondent – authority concerned be directed to decide the same as expeditiously as possible. Learned counsel for petitioners to buttress his submission relies on the judgment of the Apex Court in the case of Union of India and another Vs. Mahajan Industries Ltd and another reported in 2005(10) SCC 203.

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Learned Assistant Government Pleader submits that applications of the petitioners are devoid of details and the petitioners may file fresh application in that regard.

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We have considered the submissions canvassed by the learned counsel for respective parties. According the petitioners, applications are self sufficient with contents of details. It is for the authority to consider the same and decide said applications. The conversion charges would be required to be paid from the date of applications. Considering above, respondent-authority shall decide the applications of the petitioners dated 14-10-2011, as expeditiously as possible, preferably within a period of six months from the date of order.

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In case certain clarifications are required by the authorities the petitioners shall give such clarification and/or if any deficiencies exist

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3 WP-2512.15

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the petitioners shall cure the same.

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Writ petition, as such, stands disposed of. No costs.

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Sd/Sd/-

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[ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.]

Karansingh Sakharam Bhil and Another v. the State of Maharashtra and Others

Case brief

What is this about?

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Karansingh Sakharam Bhil and Another v. the State of Maharashtra and Others

Case brief

What is this about?

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