← Library
Bombay High CourtWP/2171/2024disposed off

Dr Hedgewar Sahakari Housing Society Limited Through Its Chairman v. The State Of Maharashtra Through Its Secretary And Others

2024-02-23Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

- 1 - wp2171.24.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 2171 OF 2024 Dr Hedgewar Sahakari Housing Society Limited ....Petitioner

VERSUS

The State of Maharashtra & others .....Respondents .....

Mr. A. C. Deshpande, Advocate for the Petitioner. Mr. A. B. Girase, GP for the State.

Mr. S. P. Urgunde, Advocate for Respondent No. 4. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 23rd FEBRUARY, 2024.

PER COURT :

1.

The petitioners were before this Court in Writ Petition No. 9962/2015. By order dated 1st February, 2016, this Court had passed an order as under :- 1.

Mr. Deshpande, the learned Counsel for the petitioner, submits that the petitioner is Housing Society. The respondents have done marking and without adhering to the procedure laid down under the Land Acquisition Act 1894, they are trying to take possession.

2.

The learned Counsel for respondent no. 4 - Corporation submits that the houses constructed are without permission and unauthorized. As such, the respondent - Corporation

- 2 - wp2171.24.odt can demolish the same. As far as possession of land is concerned, the same would be taken if required, after following due procedure of law.

3.

In view of the said statement made in the affidavit, more particularly para 4 of the affidavit in reply, the Writ Petition is disposed of. No costs.

2.

In view of the above order, we do not find it appropriate to pass one more order merely because the same petitioner has once again approached this Court. The conditions imposed by this Court in the order dated 1st February, 2016, are operable. 3.

This Writ Petition is, therefore, disposed off. ( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb