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Bombay High CourtCP/205/2023disposed off

Pramod Chandrashekhar Dubey v. Bhushan Gagrani Principal Secretry

2023-06-08Hon'Ble Shri Justice N. J. Jamadar2 pages

12-CP205-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 205 OF 2023 IN WRIT PETITION NO. 13389 OF 2022 Pramod Chandrashekhar Dubey

...Petitioner

Versus

Principal Secretary, Urban Development Department, Mantrayala, Mumbai & ors.

...Respondents

Mr. Sanjiv Sawant, a/w Abhishek Deshmukh and Bhakit Wast, for the Petitioner.

Mr. Virendra Pethe, for Respondent No.2.

Ms. Shalu Tanwar, i/b Bhushan Walimbe, for Respondent No.3.

Mr. C. D. Mali, AGP for the State.

CORAM:

N. J. JAMADAR, J.

DATED :

8th JUNE, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

Pursuant to the order passed by this Court on 24th April, 2023, the Additional Chief Secretary, Government of Maharashtra, Urban Development Department, has filed an affidavit. In paragraph 6 of the affidavit the following statements are made:

"6.

I say and submit that, taking into consideration the abovementioned facts, on the appeal filed by the appellant to the Government under Section 47 of the Maharashtra Regional and Town Planning Act, 1966, it is necessary to take into consideration the order dated 14.06.2022 of the Hon'ble High Court and give a hearing to all concerned and decide on 1/2

12-CP205-2023.DOC the said appeal. Therefore, on 28.02.2023 the file of the said appeal has been submitted to the Hon'ble Chief Minister who is the authority for deciding the appeal for hearing. Accordingly, a hearing was held before the Hon'ble Chief Minister on 17.05.2023. In the said hearing, the Hon'ble Chief Minister after hearing the parties concerned have ordered the Chief Officer, Palaghar Municipal Council, the applicants and the respondents in the appeal to submit their written submissions within eight days. Accordingly vide letter dated 19.05.2023 of Urban Development Department, the concerned have been informed to submit their written statement immediately. The written statement of the petitioners in the said appeal has been received and after receiving the written statement of the concerned, same will be placed before the Hon'ble Chief Minister for deciding appeal."

3.

Since the Hon'ble Chief Minister has heard the matter and the parties have also filed written submissions and the matter is stated to be closed for decision, the petition stands disposed on the basis of the aforesaid statements.

4.

Once the appeal is decided, the concerned parties be informed expeditiously.

[N. J. JAMADAR, J.] 2/2