Suresh Totaram Sukhwani v. The State Of Maharashtra Thr. Secretary Urban Development Dept. And ORS

1 912-WP 3316-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3316 OF 2022 Suresh Totaram Sukhwani ... Petitioner Vs.

The State of Maharashtra, Thr. the Secretary Urban Development Department & Ors.

... Respondents ------- Mr. Drupad S. Patil a/w B. G. Ligade for the Petitioner. Mr. A. I. Patel, Addl. GP a/w Ms. Kavita Solunke, AGP for the RespondentState. Mr. Deepak R. More a/w Mr. Shivram A. Gawade for Respondent No.2Corporation. ------- CORAM : A.A. SAYED & ABHAY AHUJA, JJ.

DATE : 24TH MARCH 2022 P.C. :

1.

Learned Counsel for the Respondent-Corporation has placed on record a Compilation of documents and photographs, which are marked 'X' (colly) for identification.

2.

It is now an admitted position before the Court that the possession of disputed strip of land, admeasuring 136.5 Sq. Meters, bearing CTS No.598 (pt), 597(pt), situated at Village Pimple Saudagar, Taluka-Haveli, District-Pune, has been taken and now footpath has been constructed.

Mugdha

2 912-WP 3316-22.odt 3.

We dispose of the Petition by permitting the Petitioner to make a comprehensive Representation to the Commissioner of the Respondent-Pimpri Chinchwad Municipal Corporation. The Petitioner shall appear before the Commissioner alongwith the Representation on 31st March 2022 at 11.00 a.m. The Commissioner shall give a date of hearing to the Petitioner. After hearing the Petitioner, the said Representation of the Petitioner shall be decided by 13th April 2022. The Commissioner shall also consider whether the Petitioner can be granted relaxation in respect of the margin, if necessary, particularly since redevelopment plan of the Petitioner has already been approved by the Respondent-Corporation.

4.

The Writ Petition is disposed of in the above terms. 5.

Parties to act on the authenticated copy of this order. (ABHAY AHUJA, J.) (A.A. SAYED, J.) Digitally signed by MUGDHA M PARANJAPE Date:

2022.03.25 11:35:18 +0530 MUGDHA M PARANJAPE Mugdha