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Bombay High Court

Ramesh S/O. Shravanji Rokde vs State Of Maharashtra, Ministry Of Rural ... on 9 September, 2021

Author: Anil S. Kilor

Bench: S.B. Shukre, Anil S. Kilor

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

                        CIVIL WRIT PETITION NO.3438 OF 2021
                     RAMESH S/O. SHRAVANJI ROKDE
                                   VS
    STATE OF MAHARASHTRA, MINISTRY OF RURAL DEVELOPMENT, MUMBAI AND
                                OTHERS
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions           Court's or Judge's orders.
and Registrar's Orders.
                            Mr. Mayank Sharma, Advocate for petitioner
                            Ms. N.P. Mehta, AGP for the respondent Nos.1/State


                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

DATE : 09th SEPTEMBER, 2021.

Heard Mr. Sharma, learned counsel for the petitioner.

2. The grievance is that the plot of land owned and possessed by the petitioner, which falls in a layout prepared by Haruyali Co-operative Housing Society and sanctioned by respondent No.4-Gram Panchayat, has been acquired by respondent Nos.2 and 3 for the purpose of construction of DP road, but, compensation, which ought to have been paid by respondent Nos.2 and 3 for such acquisition, has been denied to the petitioner. Further submission is that such denial is on the ground that the layout which was got sanctioned by the Haruyali Co-operative Housing Society from respondent No.4 was illegal and the sanction to the layout ought to ::: Uploaded on - 09/09/2021 ::: Downloaded on - 10/09/2021 07:46:43 ::: 5wp3438.2021.odt 2/2 have been given by the Collector, in view of the provisions made in Section 18 read with Section 19 and Section 103 of the Maharashtra Regional and Town Planning Act, 1966, which ground is not consistent with law.

3. Issue notice for final disposal at admission stage to the respondents, returnable after two weeks.

4. Ms. N.P. Mehta, learned Assistant Government Pleader waives service of notice for respondent No.1.

                                           JUDGE                             JUDGE
nd.thawre




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