Disposed

Harnishbhai Chimanbhai Patel v. the State of Maharashtra and Orss

Bombay HC1 Feb 2019WP/13168/2018

Case brief

AI extract

What is this about?

The High Court quashed and set aside the impugned order rejecting the petitioner's application for compounding of a structure under amended Section 52A of the Maharashtra Regional and Town Planning Act, 1966. The court directed the respondent-authority to process the proposal expeditiously.

What did the court decide?

Impugned order quashed and set aside; respondent directed to consider fresh proposal within 3 months.

Harnishbhai Chimanbhai Patel Vs the State of Maharashtra and… — Land Acquisition | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 13168 of 2018

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Harnishbhai Chimanbhai Patel versus

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Harnishbhai Chimanbhai Patel …..Petitioner versus The State of Maharashtra and ors. …..Respondents

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Mr. R. D. Suryawanshi, advocate for the petitioner. Mrs. Ashwini Anant Purav, AGP for the State. Mr. Saurabh Oka, advocate for the respondent No.2. Ms. Alifiya Mandviwala I/b. Mr. A. D. Wagh, advocate for the respondetn No.5.

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CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ. DATE : 1^st FEBRUARY, 2019.

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P. C. :

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Heard learned counsel and learned AGP appearing for the respective parties.

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The petitioner's application under amended section 52A of the Maharashtra Regional and Town Planning Act, 1966 for compounding of the structure was rejected by the respondent No.2 by an order dated 6^th October, 2018, which is impugned in this petition. The said application was rejected solely on the ground that the measurement map reflecting the boundaries of the subject land was not submitted by the petitioner. The case of the petitioner is that he could not do so because of the opposition of the respondent No.5 who is the co-owner of the subject land.

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Shubhada S Kadam 1/2

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Mr. Suryawanshi, learned counsel for the petitioner, submitted that now the measurement is carried out on 3^rd December, 2018 and maps are submitted to the respondent No.2-Nagar Panchayat. Mr. Oka, learned counsel for the respondent No.2, does not dispute the statement and, on oral instructions, he makes a statement that the petitioner's proposal for compounding of the subject structure is being freshly considered and, accordingly, proposal is sent to the concerned authority. The statement is accepted.

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In the light of the above, the impugned order will not survive for consideration and, the same is accordingly quashed and set-aside. The writ petition stands disposed of.

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The respondent No.2 is directed to process the petitioner's proposal for compounding the subject structure and take decision in accordance with law as expeditiously as possible and preferably within a period of 3 months from the date of receipt of this order. All rights and contentions of the respective parties are kept expressly open.

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[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]

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Shubhada S Kadam 2/2

Harnishbhai Chimanbhai Patel v. the State of Maharashtra and Orss

Case brief

What is this about?

What did the court decide?

Harnishbhai Chimanbhai Patel v. the State of Maharashtra and Orss

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

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