M/S. Shembekar Industries v. The Additional Collector And Competant Authority And ORS.

WP. 10113-17.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 10113 OF 2017 M/s. Shembekar Industries ...

Petitioner Vs.

The Collector and Competent Authority & Ors.

...

Respondents *** Mr. T. D. Deshmukh a/w Sagar Kursija, for the Petitioner. Mrs. K. K. Kulkarni, AGP for Respondent Nos. 1 to 3. *** CORAM : ANOOP V. MOHTA, & MANISH PITALE, JJ.

DATE : NOVEMBER 23, 2017 FINAL ORDER :

1.

On hearing the parties, we are inclined to dispose of the present writ petition by permitting the Petitioner to submit the copy of plan alongwith the letter dated 22.11.1999, as by a communication dated 29.4.2017 Respondent No. 1 intimated the Petitioner about the misplacement of the said application, so filed by the Petitioner in the year 1999. That resulting into delay in applying for development of the plot of the retainable land. We see no reason, for Respondent 1 / 2

WP. 10113-17.doc No. 1, in keeping such application pending for such long period. Missing record / application, as referred in communication dated 29.4.1917 therefore, can be dealt by directing the Petitioner to submit the same, as already observed above, within two weeks. Respondent No. 1, in view of above fact and as the Petitioner's application is pending since 1999, shall decide the same, on merits and in accordance with law, as early as possible preferably, within six weeks from the receipt of copy of application, as directed above. 2.

We are inclined to observe that Respondent No. 1, if required, may measure the plot, so that appropriate certification can be done at the earliest. Writ petition is accordingly disposed of in above terms with liberty. No costs.

Sd/- Sd/- [MANISH PITALE, J.] [ANOOP V. MOHTA, J.] Vinayak Halemath 2 / 2