Smt. Joginderkaur Sarjitsingh Jabinda v. The State Of Maharashtra

2024:BHC-AUG:16246-DB ( 1 ) 904 cp 556.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CONT. PETITION NO. 556 OF 2024 IN WP/5994/2015 SMT. JOGINDERKAUR SARJITSINGH JABINDA

VERSUS

THE STATE OF MAHARASHTRA AND 905 CONT. PETITION NO. 557 OF 2024 IN WP/6384/2015 JOGINDERKAUR SARJITSINGH JABINDA

VERSUS

THE STATE OF MAHARASHTRA .....

Advocate for the Petitioner/s : Mr. Palodkar Devdatt P. AGP for Respondents/State : S/Shri S.J. Salgare & S.R. Yadav Lonikar Advocate for R/3 & 5 : Mr. A.P. Bhandari .....

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

23rd July, 2024 P.C. :- 1.

In the first matter, the area of reservation which has lapsed, is 61 R (6100 sq.mtr) and in the second matter, it is 88 R (880 sq.mtr). 2.

We have perused the communication dated 12.07.2024, addressed by Shri Prasad Shinde, Additional Secretary, Urban Development, Government of Maharashtra to the learned AGP, informing him that the Corporation is

( 2 ) 904 cp 556.24 directed to submit a fresh map. In turn, the Corporation informed the Petitioners about the communication from the State Government. There is no dispute that a measurement map accompanied the notice under Section 127, dated 05.10.2012. The Petitioners submit that they are willing to face the situation if there is any change or discrepancy in the area of reservation. They pray for issuance of the notification under Section 127 (2). 3.

The learned AGP submits that if the Petitioners are willing to face the situation if there is any discrepancy any time in the future with regard to the measurement of both the lands i.e. 61 R and 88 R, the burden would fall upon the Petitioners and in which situation, the Government shall not be responsible.

4.

In view of the above, the learned AGP submits that a notification under Section 127 (2) for these two parcels of land falling under two different reservations, will be issued before 31.08.2024, indicating that the reservations have lapsed.

5.

By recording the above statement and by consent of the Petitioners, both these Petitions are disposed off. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub