Gangadhar Linganna Mierdode And Another v. The State Of Maharashtra Through Department Of Urban Development And Other

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 1596 OF 2024 IN WP/10566/2022 Gangadhar Linganna Mierdode & another ....Applicants

VERSUS

The State of Maharashtra & Others .....Respondents Mr. S. A. Deshmukh, Advocate for Applicant.

Mr. S. B. Narwade, AGP for Respondent Nos. 1 to 5. Mr. S. S. Patunkar, Advocate for Respondent No. 6 in Writ Petition. WITH WRIT PETITION NO. 10566 OF 2022 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 23rd FEBRUARY, 2024.

PER COURT :

1.

The learned Advocate representing the Municipal Council submits that after receipt of the purchase notice from the Petitioner, a resolution has been passed on 02nd September, 2020, declaring that the Municipal Council does not desire to utilise the land of the Petitioner. An affidavit-in-reply has also been filed by the Municipal Council.

2.

The learned Advocate for the Municipal Council clarifies that the land of the Petitioner was to be utilised for construction of a

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In view of the above, the petition stands worked out. We direct the Municipal Council to issue a letter to Respondent No. 1, within 30 days from today, declaring that the said land is not required for the purpose for which it was placed in the development plan. After Respondent No. 1 receives the communication from the Municipal Council, a notification under Section 127(2) of the MRTP Act shall be issued within a period of 60 days. 4.

In view of the above, this Writ Petition is disposed off. 5.

Civil Application stands disposed off.

( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb