Dahanu Nagar Parishad v. Nimil Harilal Gohil And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8147 OF 2016 Dahanu Nagar Parishad .. Petitioner

Versus

Nimil Harilal Gohil and anr .. Respondents WITH CIVIL APPLICATION NO.2419 OF 2016 IN WRIT PETITION NO. 8147 OF 2016 Ashok Thakur Ashaghad .. Applicant

Versus

Dahanu Nagar Parishad .. Respondent ...

Mr. Rajesh Datar for the petitioner.

Mr.Saket Mane with Shrey Shah i/b Vidhi Partners for the respondent.

Mr.Kiran Raut, Tresser of Dahanu Municipal Council present in Court.

CORAM: BHARATI DANGRE, J.

DATED : 21st OCTOBER 2021 P.C:- Heard the learned counsel for the petitioner and respondents.

My attention is invited to the order dated 7th September 2016.

Tilak

2/2 5 WP 8147-16.doc Learned counsel has placed on record a communication dated 19th March 2021 addressed by the Chief Executive Officer of the Dahanu Nagar Parishad to the respondent no.1, thereby intimating that the notice dated 3rd February 2015 issued by the Nagar Parishad is cancelled in view of the reason cited in the said communication, being that the land on which the building was proposed to be constructed is included in the residential zone.

The said communication dated 19th March 2021 is taken on record and marked "X" for identification. In light of the aforesaid, since the Writ Petition revolve around the notice dated 3rd February 2015, in the wake of its withdrawal by the communication dated 19th March 2021, nothing survives for adjudication in the present Writ Petition. Writ Petition has been rendered infructuous and is disposed of as such.

Needless to state that the interim order dated 7th September 2016 stands vacated.

In view of the disposal of Writ Petition, Civil Application does not survive and is disposed of. SMT. BHARATI DANGRE, J Tilak