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Bombay High CourtWP/3094/2015disposed off

Shri Sarang Vishwanath Joshi And ORS v. The Chief Officer, Alandi Municipal Council And ORS

2018-11-22Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Ranjit More.2 pages

12 wp 3094.15.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3094 of 2015 Shri Sarang Vishwanath Joshi and ors.

.....Petitioners versus The Chief Officer, Alandi Municipal Council, Alandi and ors.

......Respondents Mr. Y. G. Thorat I/b. Mr. P. B. Kamathe, advocate for the petitioners. Ms. S. S. Wadekar, advocate for the respondent No.1. Mrs. M. P. Thakur, AGP for the State.

CORAM : RANJIT MORE & REVATI MOHITE DERE, JJ.

DATE : 22nd NOVEMBER, 2018.

P. C. :

Heard learned counsel and learned AGP appearing for the respective parties.

2.

The petitioners, by way of present petition, seeks to quash and set-aside the impugned notice dated 9th February, 2015, issued by Alandi Municipal Council, Alandi, regarding road-widening for the "PradikshanaRasta" in Alandi City. 3.

It is the case of the respondent No.1-Council that the subject structure is affected by road-widening of the Pradikshana Marg. The petition is filed on the premise that the draft revised development plan Shubhada S Kadam 1/2

12 wp 3094.15.doc in which the said Pradikshana Marg was shown, is not sanctioned. It is admitted position that the said draft revised development plan of Alandi City is now sanctioned and the Pradakshina Marg is shown as EP25. 4.

Learned counsel for the respondent Nos.1 and 2 - Council, on instructions, makes a statement that due procedure as contemplated under the law would be followed for acquisition of the portion of the petitioners' land which is required for widening of the Pradikshana Marg. The statement is accepted.

5.

In the light of the above statement made by learned counsel for the respondent Nos.1 and 2- Council, the learned counsel for the petitioners fairly states that the grievance raised in the petition no more survives. The writ petition is, accordingly, disposed of. [REVATI MOHITE DERE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2