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Bombay High CourtWP/3626/2017disposed off

Ajitnath Hi-Tech Builders Pvt. Ltd. And ANR. v. State Of Maharashtra Thorugh The Secretary And ORS.

2019-09-11Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Indrajit Mahanty2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3626 OF 2017 Ajitnath Hi-Tech Builders Private Limited and Another

...Petitioners

vs.

State of Maharashtra and Others

...Respondents

Ms. Prachi Dhanani i/b. Veritas Legal, for the Petitioners Mr. S.B. Kalel, AGP for the Respondent-State. CORAM : INDRAJIT MAHANTY & N.B. SURYAWANSHI, JJ.

DATE :

SEPTEMBER 11, 2019 P.C.:

.

Heard the learned counsel for the parties.

2.

Pursuant to the notice issued by this Court, the affidavit has came to be filed by Tahsildar, Bhiwandi, copy of which has been served on the Petitioners' counsel and filed in the Court today. 3.

The challenge in the present Writ Petition has been made to two orders dated 18th March, 2017 (Exhibit B and B-1). The Tahsildar, Bhiwandi in his affidavit in paragraphs 3 and 4 has stated as follows:

Vishal Parekar 1/

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3. I say that the then Tahsildar, Bhiwandi had issued order no. Revenue/Room-1/T-10 /JB/Kavi-499/2017 and order no. Revenue/ Room-1/T-10/JB/Kavi500/2017 on 18th March, 2017 thereby demanding non-utilization charges from the Petitioner. However, I hereby humbly admit that while issuing the abovesaid orders, the then Tahsildar, Bhiwandi had misconstrued the provisions of section 63-1A of Mumbai Tenancy and Agricultural Land Act, 1948 and the amendments thereto.

4. I hereby humbly admit that the meaning of the term "bonafide industrial use" and the purpose (Special Township Project) for which land was purchased by the Petitioners was misinterpreted by the then Tahsildar, Bhiwandi.

4.

In view of above such stand taken by Tahsildar, Bhiwandi, the impugned orders dated 18th March, 2017 (Exhibit B and B/1) are quashed and set aside and the matters stand remitted back to the Tahsildar, Bhiwandi with direction to act strictly in accordance with law, if such circumstances exists.

(N.B. SURYAWANSHI, J.) (INDRAJIT MAHANTY, J.) Vishal Parekar 2/