Allowed

Mahendra Ajayraj Kothari and Others v. the State of Maharashtra and Others

Bombay HC19 Jul 2019WP/7461/2018

Case brief

AI extract

What is this about?

This Court allowed the writ petition allowing the release of land reserved for Waghur Canal and road, adhering to the view taken in a previously allowed Division Bench judgment in identical circumstances. The respondents were directed to issue the requisite notification within six months.

What did the court decide?

Release of Survey No.327/2/6 area from Waghur Canal and 18-meter road reservation; direction to issue notification under Section 127 MRTPA within six months.

Mahendra Ajayraj Kothari and Others Vs the State of… — Land Acquisition | Bombay HC (2019)

¶1

( 1 )

¶2

7461.18wp

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

WRIT PETITION NO.7461 OF 2018

¶5

1. Mahendra Ajayraj Kothari, Age: 63 years, Occ: Business & Agri., R/o. Saurabh Jewellers, Sarafa Bajar, Jalgaon

¶6

2. Sau. Nathidevi Pravinchandra Jain, Age: 53 years, Occ: Household, R/o. Jilha Peth, Jalgaon District Jalgaon

¶7

3. Sau. Kamladevi Prasannachand Jain, Age: 52 years, Occ: Household, R/o. Jilha Peth, Jalgaon District Jalgaon

¶8

4. Sau. Pushpadevi Gyanchand Ostwal, Age: 75 years, Occ: Household, R/o. Jilha Peth, Jalgaon District Jalgaon

¶9

5. Sau. Vinoddevi Paramchand Nahar, Age: 60 years, Occ: Household, R/o. 99, Sarafa Bajar, Jalgaon

¶10

Petitioners No.2 to 5,
Through their General Power of
Attorney Holder i.e. petitioner No.1PETITIONERS

¶11

VERSUS

¶12

1. The State of Maharashtra, Through the Secretary Ministry of Urban Development,

¶13

	( 2 )	7461.18wp
	`Mantralaya, Mumbai-32`
`2.`	`The Director of Town Planning` `Department, Pune`
`3.`	`The Deputy Director,` `Town Planning, Nashik Division,` `Nashik`
`4.`	`Assistant Director,` `Town Planning Department,` `Jalgaon`
`5.`	`Municipal Corporation, Jalgaon` `Through its Commissioner`
`6.`	`Assistant Director, Town Planni` `Municipal Corporation, Jalgaon` `Jalgaon`	`ng,`
`7.`	`The Executive Engineer,` `Waghur Dam Project, Jalgaon`	`RESPONDENTS`
`Mr` `Mr`	`A.P. Bhandari, Advocate for the p` `V.S. Badakh, A.G.P. for responde`	`etitioners;` `nt Nos.1 to 4;`
`Mr`	`Pradip R. Patil, Advocate for res`	`pondent Nos.5 & 6;`
`Mr`	`Suresh D. Dhongade, Advocate for`	`respondent No.7`
	`CORAM :`	`PRASANNA B. VARALE &` `R.G. AVACHAT, JJ.`
`OR`	`DATED :` `AL ORDER:`	`19th JULY, 2019`

¶14

The petitioners approached this Court with

¶15

( 3 )

¶16

7461.18wp

¶17

prayer clauses (B) and (C), which read thus :

¶18

(B)The Honourable Court be pleased to issue
writ of Mandamus or any other appropriate
writ, directing the respondents to release
land bearing Survey No. 327/2/6 of Jalgaon
City, Taluka & Dist. Jalgaon, situated within
the Municipal Limits of Jalgaon to the extent
of an area of 3700 sq. Mtrs. (approximately)
from Reservations / Designation for “Waghur
Canal' and to the extent of area of 2500
square meters approximately from the
reservatikon for the purpose of 18 meter Road,
adjacent to Waghur Canal.

¶19

(C)By appropriate writ, order or direction,
the respondents be directed to issue
appropriate notification, notifying the
release of land bearing Survey No.327/2/6 of
Jalgaon City, Taluka & Dist. Jalgaon situated
within the Municipal Limits of Jalgaon to the
extent of an area of 3700 Sq. Mtrs.
(approximately) from Reservations/Designation
for “Waghur Canal” and to the extent of area
of 2500 square meters approximately from the

¶20

reservation for the purpose of 18 meter Road,
adjacent to Waghur Canal and respondents be
directed to grant permission for development
in respect of the property affected by such
reservations.

¶21

2.It is submitted in the petition that the

¶22

petitioners are owners of property bearing Survey No.
327/2/6 totally admeasuring 93 Are situated at Shivar

¶23

Jalgaon City, Taluka and District Jalgaon. Portion of
approximately 3700 sq. mtrs. Shown to be affected by
Waghur Canal and approximately 2500 sq. mtrs. Portion
shown to be affected by 18.00 meter road, connected with
the canal is the subject matter of the present petition.

¶24

3.Mr. Bhandari, learned Counsel appearing for the

¶25

petitioners by inviting our attention to the order passed
by the Division Bench of this Court dated 2nd July, 2019
in Writ Petition No.14093 of 2017 submitted that except
area affected in Writ Petition No.14093 of 2017, rest of

¶26

the facts are identical in the present petition and it
can safely stated that the petitioners are identically
circumstanced with the petitioners in Writ Petition
No.14093 of 2017.

¶27

4.Perusal of the order dated 2nd July, 2019 passed
in Writ Petition No.14093 of 2017 shows that the
petitioners have forwarded purchase notice and in
response to the notice, the petitioners when informed to
establish correspondence with the authority of Waghur
Dam Project, Jalgaon and in turn, Executive Engineer,
Waghur Dam Project, Jalgaon informing the petitioners
that the lands were not required for any purpose for
canal or for the road as a service road for canal and in
view of the decision of this Court in Writ Petition No.
3021 of 2015 (Pramila Hiraman Dhake vs The State of
Maharashtra and others) decided with other connected
matter on 31st August, 2015 as well as oftenly quoted
judgment of the Hon'ble the Apex Court in the matter of

¶28

Girnar Traders vs State of Maharashtra, reported in 2011
(3) S.C.C. 1, Writ Petition No.14093 of 2017 was allowed
in terms of prayer clauses (B) and (C). The Division
Bench of this Court further directed the respondents to
issue notification under Section 127 of the Maharashtra
Regional and Town Planning Act, 1966 within stipulated
period of six months from the date of the order.

¶29

5.In the present petition also, the facts are
identical and in the affidavit in reply filed on behalf
of respondent No.7 Mr. Vinod s/o Prakash Patil, Assistant
Executive Engineer, Grade-I, Waghur Dam Sub Division
No.3, a statement is made at paragraph-12 that the land
falling under City Survey No. 327/2/6 Jalgaon Shivar is
not presently proposed to be acquired for canals of
Waghur River Project.

¶30

6.We see no reason to take a different view than

¶31

the view adopted by the Division Bench of this Court in

¶32

( 7 ) 7461.18wp

¶33

the order dated 2nd July, 2019 in Writ Petition No. 14093
of 2017. Resultantly, writ petition is allowed in terms
of prayer clauses (B) and (C). The notification under
Section 127 of the Maharashtra Regional and Town Planning
Act, 1966 be issued within six months from today.

¶34

[R.G. AVACHAT, J.] [PRASANNA B. VARALE,J.]

¶35

Tupe

Mahendra Ajayraj Kothari and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Mahendra Ajayraj Kothari and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yograj Sukdeo Mahajan Vs the State of Maharashtra and Others

Archana Shriram Jadhav Vs the State of Maharashtra and Others

Narayan Pushpa Gruha Nirman Co. Operative Society through Its Chairman Arun Baburao Kawade Vs the State of Maharashtra and Others

Shriram Anandrao Shinde Vs Aurangabad Municipal Corporation Aurangabad and Ors.

Manorama Shahaji Koli Vs Charushila Deshmukh Sub Divisional Officer Kallamb

Baliram Madhav Nawlekar Vs Indian Oil Corporation through Chairman and Others