Smt. Zubeida Sharguddin Patel And ORS v. The State Of Maharashtra Thru Gp And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11272 OF 2018 Zubeda Sharfuddin Patel and ors .. Petitioners
Versus
The State of Maharashtra & ors .. Respondents ...
Mr.O.K. Shaikh for the petitioners.
Mr.A.I. Patel, AGP for the State.
Mr.N.R. Bubna for respondent no.2.
CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.
DATED : 25th FEBRUARY 2019 P.C:- Petitioners are challenging the impugned order passed by in-charge Assistant Director, Town Planning, Bhiwandi Nizampur City Municipal Corporation dated 8th August 2018. By the said order, the petitioners are directed to deposit with the Corporation an amount of Rs.1,11,06,000/- (Rupees One crore Eleven lakhs Six thousand). Petitioners are owners of land admeasuring 6305 sq.m and out of this land, it was the case of the petitioners that land admeasuring about 5718 sq.m was affected by D.P Road. It is the further case of
2/3 30 wp-11272-18.doc the petitioners that the entire land was handed over to the respondent Corporation and in turn, respondent Corporation gave TDR for the land admeasuring 5718 sq.m.
At the instance of one Kailas Pawar, the Corporation conducted an inquiry and arrived at a conclusion that only 3560 sq.m belonging to the petitioners is affected by DP Road, and therefore, the petitioners were directed to deposit an amount of Rs.1,11,06,000/- (@ rate of Rs.7,000/- per sq.m). It is the case of the petitioners that possession of land admeasuring 6305 sq.m is taken by the Corporation and if it is the case of the Corporation that only land admeasuring 3560 sq.m is affected by DP land, then the balance land should be returned to the petitioner. If this is so, he is ready and willing to deposit a sum of Rs.1,11,06,000/-. It is also the case of the petitioner that impugned order is passed without affording opportunity of hearing and without following principles of natural justice. This fact is not disputed by Mr.Bubna, learned counsel for the Corporation. Mr.Bubna submits that the impugned order would be withdrawn and fresh order would be passed after giving an opportunity of hearing to the petitioner.
3/3 30 wp-11272-18.doc In the light of above, we disposed of the petition by the following order :- (i) Respondent Corporation is directed to take fresh decision after hearing the petitioner.
(ii) Both the learned counsel agree that petitioner shall remain personally present before the Assistant Director, Town Planning, Bhiwandi Nizampur City Municipal Corporation on 11th March 2019 at 11.00 am. On that date, Asstt. Director, Town Planning shall fix the schedule of hearing and pass appropriate orders after hearing the petitioner. (SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.)