Allowed

Naresh @ Narendra S/O. Bhaurao Sarode and Others v. State of Maha., Thr. Principal Secretary Urban Development Dept., Mumbai and Another

Bombay HC19 Sept 2022WP/5309/2022

Case brief

AI extract

What is this about?

In a review hearing, the Nagpur Bench held that the Municipal Council had unanimously resolved against acquiring the subject land for a playground. Consequently, the Writ Petition was allowed to ensure lapse of the land rights within three months.

What did the court decide?

The Writ Petition was allowed; lapsing of the land shall be published by seeking necessary approvals within three months.

Naresh @ Narendra S/O. Bhaurao Sarode and Others… — Municipal and Town Planning | Bombay HC (2022)

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19-9-2022-wp-5309-2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5309 of 2022

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1.Naresh @ Narendra S/o Bhaurao Sarode, Aged about 44 years, Occupation- Agriculturist, R/o Shani Chowk,

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Katol, District Nagpur.

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2.Vinod S/o Jijeba Gote, Aged about 40 years, Occupation – Agriculturist & Business, R/o Near Ahale Hospital, Akola, Naka Road, Washim, District Washim.

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3.Balaji S/o Sopan Kavar, Aged about 41 years, Occupation- Agriculturist and Business, R/o At Post- Tamsi, Tq. & District Washim.

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4.Kailash Narayan Kavar, Aged about 43 years, Occupation- Agriculturist and Business, R/o Post Tamsi, Tq. & District Washim.

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5.Laxman S/o Kashiram Gawande, Aged about 41 years, Occupation- Agriculturist and Business, R/o Zakalwadi, Post- Tamsi, Tq. & District Washim.

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6.Jaykumar S/o Babarao Andhare,

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Aged about 47 years, Occupation- Agriculturist and Business, R/o Godampura, Morshi, District Amravati.

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… Petitioners

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Versus

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1.State of Maharashtra, Through its Principal Secretary, Urban Development Department, Mantralaya, Mumbai-32.

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19-9-2022-wp-5309-2022.odt

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2.Municipal Council, Katol, Through its Chief Officer, Katol, District- Nagpur.

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… Respondents

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Shri M.P. Khajanchi, Advocate for Petitioner.
Ms N.P. Mehta, Assistant Government Pleader for Respondent No.1.
Shri M.I. Dhatrak, Advocate for Respondent No.2.

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 CORAM: SUNIL B. SHUKRE & G.A. SANAP, JJ.
 DATE : 19th SEPTEMBER, 2022

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ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

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1. Heard.

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2. Rule. Rule made returnable forthwith. Heard finally by

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consent.

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3.The reply filed by respondent no.2-Municipal Council, Katol is
categorical. In Paragraph 3, it is stated that the issue in question was
taken up in the General Body meeting of the Municipal Council, Katol
as subject No.11 on 19-3-2021 and in this meeting, after discussion, it
was unanimously resolved that the subject land which is currently
reserved for the purposes of Play-ground should not be acquired and
this fact should be intimated to the land-owner. This reply is
well-supported by copy of the Resolution bearing No.11/2021 which is
at page 28.

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4.It is, thus, clear that the subject land is not proposed to be
acquired by the Municipal Council-respondent no.2, under Section 126
of the Maharashtra Regional and Town Planning Act. Besides, there is

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19-9-2022-wp-5309-2022.odt

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no dispute about receipt of notice by respondent no.2 which is a
purchase notice by respondent no.2, u/s. 127 of the MRTP Act. These
facts would entail this Court to allow this petition by issuing necessary
directions.

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5.The Writ Petition is allowed in terms of prayer clauses (a)
& (b). We direct that lapsing of the land shall be published accordingly
by seeking necessary approvals within three months from the date of
this order.

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6. Rule in above terms. No costs.

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 (G.A. SANAP, J.) (SUNIL B. SHUKRE, J.)

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Lanjewar

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Digitally Signed By :P D LANJEWAR Signing Date:20.09.2022 13:59

Naresh @ Narendra S/O. Bhaurao Sarode and Others v. State of Maha., Thr. Principal Secretary Urban Development Dept., Mumbai and Another

Case brief

What is this about?

What did the court decide?

Naresh @ Narendra S/O. Bhaurao Sarode and Others v. State of Maha., Thr. Principal Secretary Urban Development Dept., Mumbai and Another

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

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