Chanchal Brijmohan Khanna And ANR v. State Of Maharashtra Through The Ministry Of Urban Development

cp-285.10.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.285 OF 2010 IN WRIT PETITION NO.2665 OF 2009 Chanchal Brijmohan Khanna and Anr.

... Petitioners Vs.

State of Maharashtra and Ors.

... Respondents Mr. C.D. Patel i/by N.S. Patel & Co. for the Petitioners. Mr. Manish Pabale, AGP for the Respondent Nos.1 and 2. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 12th APRIL, 2017 P.C.

Perused the affidavit of Shri Baliram Gopinath Pawar, Additional Collector and the Competent Authority, Thane Urban Agglomeration. In terms of judgment and order dated 6th October, 2009 a notification has been issued on 3rd September, 2010. By the said notification, the notice issued under Sub-Section (3) of Section 10 of the Urban Land (Ceiling and Regulation) Act, 1976 has been cancelled. Though belatedly, there is a substantial compliance made with the judgment and order of which breach is complained of. For the delay, Shri Baliram Gopinath Pawar has tendered an apology in paragraph 3 of his affidavit.

cp-285.10.odt Considering the compliance made and the explanation for the delay offered by Shri Pawar, it cannot be said that there is a willful breach on his part. Accordingly, Contempt Petition is disposed of. Notice issued is discharged.

(A.K. MENON, J) (A.S. OKA, J)