Piyush Pralhad Panhaledirector Of M/S Piyush Enterprises v. The State Of Maharashtra And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.3765 OF 2019 Piyush s/o Pralhad Panhale, Director of M/s Piyush Enterprises, Presently known as M/s Piyush Infratech Pvt Ltd Aurangabad Age: 32 years, Occ: Business R/o. Plot No. 81, Jayvishwabharati Colony, Garkheda Parisar, Aurangabad ..PETITIONER
VERSUS
1.
The State of Maharashtra Through Department of Urban Development, Mantralaya, Mumbai-32 2.
The Municipal Corporation, Aurangabad Through its Commissioner - Municipal Corporation, Aurangabad 3.
The In Charge Officer encroachment Department, Municipal Corporation, Aurangabad 4.
The Assistant Director of Town Planning, Aurangabad Municipal Corporation, Aurangabad ..RESPONDENTS Mr U.L. Momle, Advocate for petitioner;
Ms Rashmi P. Gour, A.G.P. for respondent/State; Mr A.P. Bhandari, Advocate for respondent Nos.2 & 3
(2) CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.
DATE : 18th MARCH, 2019 ORAL ORDER :
Heard learned Counsel for the petitioners.
2.
The Corporation, pursuant to the provisions of 478 of the Maharashtra Municipal Corporation Act, has already demolished structure which was affected in the widening of national high way.
3.
Further submissions of learned Counsel for the petitioner are that the land owned by the petitioner if is required for extension of national high way, Corporation be directed to follow rule of law.
3.
Mr. Bhandari, learned Counsel for the respondent - Municipal Corporation, on instructions, from Assistant Director of Town Planning, Aurangabad, who is personally present in
(3) the Court, submits that possession of the land owned by the petitioner which will be required for aligning national high way and service road will not be taken without following due process of law. 4.
Since the statement is made on instructions, same is accepted as an undertaking. 5.
The petition stands disposed of.
( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe