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Bombay High CourtWP/8810/2015disposed off

Shriman Bastiramji Sarda Charitable Trust Through Trustee Shri. Rajendra Sonawane v. Alandi Municipal Council And ORS

2018-07-06Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

Megha 901_wp_8810_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8810 OF 2015 WITH CIVIL APPLICATION NO.457 OF 2018 IN WRIT PETITION NO.8810 OF 2015 Shriman Bastiramji Sarda Charitable Trust

...Petitioner

Versus

Alndi Municipal Council & Ors.

...Respondents

.....

Mr. P.J. Thorat for the Petitioner.

Mr. A.I. Patel, AGP for the Respondent -State. Ms S.S. Wadekar for the Respondent No.1.

Megha Shridhar Parab by Megha Shridhar Parab Date: 2018.07.09 16:04:44 +0530 CORAM : RANJIT MORE AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 6th JULY, 2018.

P.C.:- The Petitioner claims to be the owner of survey No.234, Hissa No.12, corresponding to CTS No.802 admeasuring 3 gunthas at Alandi Devachi. The Petitioner has constructed a three storey building on this survey number. Portion of the said land is required for widening of the Pradakshina Marg. It is an admitted position that in draft revised development plan, the Pradakshina Marg is shown as EP25 and the Petitioner's said land is partly affected by the DP Road. Megha

Megha 901_wp_8810_2015.doc 2.

The learned counsel for the Respondent Nos.1 and 2 on instructions, makes a statement that due procedure as contemplated under the law would be followed for acquisition of the portion of the said survey number belonging to the Petitioner. Statement is accepted. 3.

In view of the above statement, Mr. Thorat, the learned counsel for the Petitioner fairly states that grievance raised in the petition no more survives. The Writ Petition is accordingly disposed of. 4.

In view of the disposal of the Writ Petition, the Civil Application does not survive and hence, stands disposed of. (SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha