Mr. Tarachand Ratanji Choudhary And ORS v. The Thane Municipal Corporation And ORS
by CHITRA SANJAY SONAWANE Date:
2022.09.12 10:58:53 +0530 CHITRA SANJAY SONAWANE 1 8-WP-8905-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8905 OF 2022 Mr.Tarachand Ratanji Choudhary & Ors.
... Petitioners.
Vs.
The Thane Municipal Corporation & Ors.
... Respondents WITH WRIT PETITION NO.8906 OF 2022 Mrs. Anumati Shripat Patil & Ors.
....
Petitioners.
Vs.
The Thane Municipal Corporation & Ors.
... Respondents WITH WRIT PETITION (ST)NO.18442 OF 2022 Mrs.Pyaridevi Jethalal Sharma ....
Petitioner.
Vs.
The Thane Municipal Corporation & Ors.
... Respondents ------- Mr. Sandeep Mishra a/w Mr. A.H. Pandey for the Petitioners in all petitions.
Mr.N.R. Bubna a/w Ms Pooja Singh for Respondent nos.1 and 2 in all petitions.
Mr.A.I. Patel, AGP for State in WP no.8905/2022. Mr.A.A. Alaspurkar, AGP for State in WP no.8906/2022 and WP (Stamp) no.18442/2022.
2 8-WP-8905-2022.doc CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.
DATE : 5TH SEPTEMBER, 2022.
P.C. :
1.
Mr. Patel, the learned AGP states under the copy of instructions received by him, from the Deputy Collector, (Acquisition) dated 04.08.2022, stating that the decision required to be followed under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, would be followed up and only thereafter, the possession of the plot would be taken. Copy of letter is taken on record.
2.
Learned Counsel for Municipal Corporation states that the Corporation will not take action of demolition unless directed by the State Government independently. Statement is accepted. In view of the instructions received by the AGP and in view of submissions of learned Counsel Mr. Bubna, rights of the petitioner, if any, are fully protected.
3.
If the Municipal Corporation or the State Government proposes to take possession of the writ land, 7 days notice shall be given to the petitioner.
4.
The petition is disposed of with no order as to costs.
3 8-WP-8905-2022.doc 5.
Parties to act on authenticated copy of this order. (KAMAL KHATA, J.) (R.D. DHANUKA, J.)