Smt. Indubai Fakira Vidhate (Through Decd) Lrs. v. The State Of Maharashtra Through The Secretary Urban Development Dept. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11576 OF 2015 SMT. INDUBAI FAKIRA VIDHATE (THROUGH DECEASED) LRS.

....PETITIONERS V/S THE STATE OF MAHARASHTRA & ORS.

....RESPONDENTS ...

Mr. Shriram S. Kulkarni for the Petitioners.

Smt. A.A. Purav, AGP for the Respondent No.1-State. Mr. M.L. Patil for Respondent No.4.

...

CORAM : A.A. SAYED & V.G. BISHT, JJ.

DATE : 15 JULY 2021.

(THROUGH VIDEO CONFERENCING) P.C.:

In the Affidavit-in-Reply filed on behalf of the Respondent No.3Corporation in paras 6 and 7 it is stated as follows: "6.

I say that, in the Affidavit affirmed by Ulhas Haribhau Govardhane dated 09.12.2020 filed on behalf of the Petitioners, they have produced the D.R.Cs. issued by the Corporation to the owners whose lands were reserved under the T.P.S.-II and the D.P. of 1993. I say that, the Petitioners and the owners of the lands mentioned in the D.R.Cs. annexed at Exhibit-F to Exhibit-J to the said Affidavit are similarly placed as their lands were also reserved under T.P.S.-II as well as Development Plan 1993 and they have been granted D.R.Cs. I submit that, on the reasons of parity the Petitioners are entitled to D.R.C. for an area of 7944 sq.mtrs. for Garden and 1935 sq.mtrs. for an area acquired for D.P. Road. Thus, the Petitioners will be entitled to D.R.Cs. for total area of 9879 sq.mtrs.

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I submit that, if the Petitioners submit application/s in the prescribed format/s and are complete in all respects including the necessary documents, the Petitioners will be issued D.R.Cs. for total area of 9879 sq.mtrs. as early as possible."

In view of the aforesaid statements on behalf of the Respondent No.3-Corporation, the Petition has been worked out. The Petitioners shall make necessary Application, if not already made, within one week from today. The Respondent No.3-Corporation shall on such Application of the Petitioners issue D.R.Cs. in accordance with law expeditiously and preferably within two months from today. The Petition to stand disposed of. Parties to act on an authenticated copy of this order. (V.G. BISHT, J.) (A.A. SAYED, J.) katkam by SUDARSHAN RAJALINGAM KATKAM Date: 2021.07.15 15:13:38 +0530 SUDARSHAN RAJALINGAM KATKAM 2/2