Disposed

Parshuram Ganpati Chavan v. the State of Maharashtra, through the Principal Secretary and Ors.

Bombay HC27 Aug 2019WP/4297/2018

Case brief

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What is this about?

The court dealt with a petition seeking a direction to the Municipal Council to demarcate land reserved for a hospital. Observing that statutory procedures under the Maharashtra Regional and Town Planning Act provide an alternative route for surrendering land or invoking powers of the City Survey Authority, the court dismissed the petition and granted liberty to take further legal steps.

What did the court decide?

The petition was disposed of with liberty to the petitioner to take such other steps as are open in law.

Parshuram Ganpati Chavan Vs the State of… — Municipal and Town Planning | Bombay HC (2019)

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Rane 1 / 3 WP-4297-2018 (SR.42) 27.8.2019

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4297 OF 2018

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Shri. Parshuram Ganpati Chavan … Petitioner

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V/s.

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The State of Maharashtra and Ors. … .Respondents

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****

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Mr. Dilip B. Shinde, Advocate for the petitioner.
Mr. A.P. Vanarse, APP for respondent no.1.
Mr. N.R. Bubna, Advocate for respondent no.2.

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CORAM : B.P. DHARMADHIKARI, &

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SANDEEP K. SHINDE, JJ.

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Tuesday, 27th August, 2019.

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P.C. :

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1. Petitioner who has purchased agricultural

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Rane 2 / 3 WP-4297-2018 (SR.42)

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 27.8.2019

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land, part of which is reserved under development

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plan for hospital, appears to be not in a position
to develop that site/remaining part as it is
reserved for hospital. Prayer therefore is, to
direct Municipal Council to demarcate the area
reserved for hospital.

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2. The learned AGP has filed reply affidavit

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pointing out that, though petitioner has approached
office of Superintendent of Land Records for
measurement and demarcation, but in absence of
relevant data from Municipal Council, exercise
could not be completed.

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3. Learned Counsel for Municipal Council

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submits that, petition is unsustainable.

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4. Provisions of Maharashtra Regional and

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Rane 3 / 3 WP-4297-2018 (SR.42) 27.8.2019

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Town Planning Act prescribe necessary procedure for

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this. If petitioner has no objection and is ready
and willing to surrender land to Municipal Council
for hospital, he can inform Municipal Council
accordingly. City Survey Authority can also
exercise statutory powers, if they are ready and
willing to demarcate the land. In this situation,
with liberty to petitioner to take such other steps

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as are open in law, we dispose of the petition.

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(SANDEEP K. SHINDE, J.)

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 (B.P. DHARMADHIKARI, J.)

Parshuram Ganpati Chavan v. the State of Maharashtra, through the Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Parshuram Ganpati Chavan v. the State of Maharashtra, through the Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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