Mr. Arjun Shivram Fasge v. Pimpri Chinchwad Municipal Corporation Through The Commissioner And ANR.

bdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 14930 OF 2019 Kusumakar Hari Gokhale ... Petitioner V/s.

Pimpri Chinchwad Municipal Corporation & Anr. ... Respondents WITH WRIT PETITION (ST) NO.14931 OF 2019 Hemant Bhalchandra Nigudkar ... Petitioner V/s.

Pimpri Chinchwad Municipal Corporation & Anr. ... Respondents WITH WRIT PETITION (ST) NO.14932 OF 2019 Shriram Dattatray Prabhune ... Petitioner V/s.

Pimpri Chinchwad Municipal Corporation & Anr. ... Respondents WITH WRIT PETITION (ST) NO.14934 OF 2019 Arjun Shivram Fasge ... Petitioner V/s.

Pimpri Chinchwad Municipal Corporation & Anr. ... Respondents WITH WRIT PETITION (ST) NO.14935 OF 2019 Jignesh Jaglani ... Petitioner V/s.

Pimpri Chinchwad Municipal Corporation & Anr. ... Respondents .......

Mr. Sushant D. Chavan for the Petitioners.

Mr. Rohit Sakhdeo for the Respondent No.1.

Ms. Kavita N.Solunke, AGP for the State.

.......

CORAM : SMT. BHARATI H. DANGRE & N. J. JAMADAR, J.J.

(VACATION COURT) DATE : 27th MAY, 2019.

P.C.:

The learned Counsel for the petitioner in all three petitions seeks liberty to make a detail representation to the respondent no.1 and the learned Counsel for the Pimpri Chinchwad Municipal Corporation fairly agrees that if such a representation alongwith necessary specification of the regularisation orders and the sanctioned plans are submitted, the Corporation would re-examine the impugned notices issued to the owners, by which the construction has been referred to as "unauthorised". It is the stand of the Corporation that the constructions are on the plot of land, which was always a sanctioned DP road and at the time of regularisation, a stipulation required that the land would be surrendered whenever it is required for development of the said road and owners will not be entitled for any sort of monetary compensation. 2.

In such circumstances, if a representation is preferred by the petitioner within period of one week, the same should be decided by

the Corporation within the period of three weeks from the date of its receipt, in accordance with the law. Needless to state that till Corporation determines the eligibility of petitioner and the entitlement of the Corporation to evict them, the petitioners will not be deprived of their respective structures. With this direction, all three writ petitions stand disposed of.

(N. J. JAMADAR, J.) (BHARATI H. DANGRE, J.)