Allowed

Pandurang S/O Ganbaji Khante and Others v. the State of Maharashtra, Thr. Principal Secretary, Urban Development Dept. Mumbai and Another

Bombay HC19 Sept 2022WP/5311/2022

Case brief

AI extract

What is this about?

A writ petition challenging the proposed acquisition of land by the Municipal Council, Katol. The High Court found that the land is not proposed to be acquired and ordered the publication of the lapsing procedure with necessary approvals within three months.

What did the court decide?

Petition allowed; direction to publish lapsing of land by seeking necessary approvals within three months.

Pandurang S/O Ganbaji Khante and Others Vs the State of… — Land Acquisition | Bombay HC (2022)

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19-9-2022-wp-5311-2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Writ Petition No.5311 of 2022

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1.Pandurang S/o Ganbaji Khante, Aged about 75 years, Occupation- Agriculture.

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2.Mahadeo S/o Ganbaji Khante, Aged about 61 years, Occupation- Agriculture.

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3.Shantaram S/o Ganbaji Khante, Aged about 74 years, Occupation- Agriculture.

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All 1 to 3 area R/o Wadpura, Katol,
Tah- Katol, Dist. Nagpur.

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4.Baby W/o Shalikram Bhange,
Aged about 66 years,
Occupation- Household,
R/o Ward No.5,
Bajar Chowk,
Karanja-Ghadge,
Dist. Wardha.… 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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2.Municipal Council, Katol, Through its Chief Officer, Katol, District- Nagpur. … Respondents

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Shri M.P. Khajanchi, Advocate for Petitioner.
Shri K.L. Dharmadhikari, Assistant Government Pleader for
Respondent No.1.

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Shri M.I. Dhatrak, Advocate for Respondent No.2.

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19-9-2022-wp-5311-2022.odt

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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.32 on 2-8-2021 and in this meeting, after discussion, it
was unanimously resolved that the subject land which is currently
reserved for the purposes of housing for Dishoused and 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.32/2021 which is at page 26.

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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
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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19-9-2022-wp-5311-2022.odt

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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

Pandurang S/O Ganbaji Khante and Others v. the State of Maharashtra, Thr. Principal Secretary, Urban Development Dept. Mumbai and Another

Case brief

What is this about?

What did the court decide?

Pandurang S/O Ganbaji Khante and Others v. the State of Maharashtra, 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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