Mahatma Laxmanji Arya Education Public Charitable Trust, Panchgani(Thr. Trustee Devendra D. Parihar v. The State Of Maharashtra

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904. SA 704-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.704 OF 2014 WITH CIVIL APPLICATION NO.1645 OF 2014 Mahatma Laxmanji Arya Education Public Charitable Trust, Panchgani ...

Appellant/Applicant

Versus

The State of Maharashtra And Others ...

Respondents .....

Mr. S.K. Shinde i/b Prashant Badole for the Appellant/Applicant. Mr. Yogesh Dabke, AGP for Respondent Nos. 1 And 2. Mr. Sumit Phatale i/b Y.M. Chaudhari for Respondent No.3. .....

CORAM : S.C. GUPTE, J.

DATE : 23 MARCH 2017 P.C. :

.

Heard learned Counsel for the parties.

The Second Appeal is admitted on the following substantial question of law :

"Whether the lower Appellate Court was right in law in denying the benefit of deemed permission under Section 189(6) of the Maharashtra Municipal Councils, Nagar Panchayats & Townships Act, 1965 to the Appellant on the ground that the application for construction permission was not in the prescribed form ?"

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904. SA 704-14.doc The printing of paper book is dispensed with. The Appellant shall, however, file a private paper book containing all papers and proceedings before the Courts below with 12 weeks.

The Respondents waive service.

CIVIL APPLICATION NO.1645 OF 2014.

Since the subject nattter of controversy involves the construction carried out by the Applicant/Appellant (original Plaintiff) on the basis of deemed permission of Respondent No.3-Council under Section 189(6) of the Maharashtra Municipal Councils, Nagar Panchayats & Townships Act, 1965 and the Second Appeal is admitted on a substantial question of law in this behalf, the construction carried out by the Applicant/Appellant will have to be protected during the pendency of the second appeal. Accordingly, the civil application is allowed in terms of prayer clause-(a). (S.C. GUPTE, J.)