Allowed

Usha Ambadasrao Dhumal and Others v. the State of Maharashtra through the Secretary and Others

Bombay HC28 Aug 2024WP/8748/2024

Case brief

AI extract

What is this about?

In this writ petition, petitioners sought a declaration that reservation on their land lapsed per the Maharashtra Regional and Town Planning Act, 1966. The Court observed that the properties were already released from reservation via a 2023 notification. Consequently, the petition was allowed, directing the respondent to issue an official gazette notification within 90 days.

What did the court decide?

Petition allowed in terms of prayer clauses B and C. Respondent No.1 directed to issue appropriate notification in official gazette within 90 days.

Usha Ambadasrao Dhumal and Others Vs the State of… — Municipal and Town Planning | Bombay HC (2024)

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2024:BHC-AUG:19843-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 8748 OF 2024

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USHA AMBADASRAO DHUMAL AND OTHERS VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

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Shri Raviraj R. Chandak, Advocate for the Petitioners. Shri N.S. Tekale, AGP for Respondent Nos.1 and 2/State. Shri V.P. Deshmukh, Advocate for Respondent No.3. Shri V.S. Deshmukh, Advocate for Respondent No.4.

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CORAM : RAVINDRA V. GHUGE &

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Y. G. KHOBRAGADE, JJ.

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DATE :- 28^th August, 2024

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Per Court :-

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The Petitioners have put forth prayer clauses B and

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C as under:-

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“B) To hold and declare that, the reservation on the land owned by present petitioners. bearing Gut No. 273 situated at Waluj (Bk). Tq. Gangapur, Dist. Aurangabad (Chh. Sambhajinagar) i.e. for D.P. No.3/126 (mini stadium), D.P. No. 3/127 (College), Growth Centre and 18 mtrs and 30 mtrs wide D.P. Road sanctioned in the development plan dated 14.08.2001 for Waluj, CIDCO notified area Dist. Aurangabad, has lapsed in view of the provisions of Sec.127 of the Maharashtra Regional and Town Planning Act, 1966.

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C) By issuing Writ of Mandamus or any other

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order or directions in the like nature, the respondent authorities may kindly be directed to notify the lapsing of reservation over the land of the petitioners i.e. Gut No. 273 situated at Waluj (Bk), Tq. Gangapur, Dist. Aurangabad (Chh.Sambhajinagar), by publishing notification in official gazette U/sec. 127 (2) of the M.R.T.P. Act, 1966 forthwith.”

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The learned Advocate representing the Respondent/ CIDCO submits, on specific instructions, that the properties at

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issue have been released from reservation since the denotification is issued on 22.05.2023.

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In view of the above statement, nothing would survive in this petition. This Writ Petition is allowed in terms of prayer clauses B and C .

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Respondent No.1 shall issue an appropriate

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notification within a period of 90 days from today.

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The introduction of the Model Code of Conduct

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would not be an impediment for implementing this order.

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kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J. )

Usha Ambadasrao Dhumal and Others v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What did the court decide?

Usha Ambadasrao Dhumal and Others v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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