Mr. Purshottam Kacher Patil And ORS v. The State Of Maharashtra Through Principal Secretary And ORS

30. wp 12597.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12597 OF 2016 Mr.Purshottam Kacher Patil and ors.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents Ms.Ashvini Takalkar i/b Mr.Avinash Naik, for the Petitioners. Mrs. M.P. Thakur, AGP for State.

CORAM : NARESH H. PATIL & M.S.KARNIK, JJ.

09th DECEMBER, 2016 P.C. :

.

Learned Counsel for the petitioners submits that land in survey No. 61/1 was subjected to development in a new township. A notification to the said effect was issued by Urban Development Department on 04/03/2009. Learned Counsel appearing for the petitioners submits that the petitioners landed property is required to be protected. The petitioners have not paid any compensation. Steps taken by the respondents are contrary to the established provisions of law. 1/2

30. wp 12597.16.doc 2.

It is further submitted that a representation has been addressed by the petitioners to the Thane Municipal Corporation on 09/02/2016 which is annexed at Exhibit 'G' to this Petition. 3.

Without expressing any opinion on merits of the issue raised, we find that the petitioners approached this Court at a belated stage in the year 2016 in respect for grievance regarding the issuance of notification by Urban Development Department in the year 2009. However, the petitioner are entitled to file a comprehensive representation to the concerned authority within 2 weeks from today. In case, such a representation is received, the Corporation shall deal with the same in accordance with law and communicate the decision to the petitioners as expeditiously as possible. 4.

Writ Petition is disposed of.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 2/2