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Bombay High CourtWP/7140/2018disposed offdismissed for default

Kusum Dashrath Unde v. The State Of Maharashtra And Others

2019-03-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 wp 7140.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7140 OF 2018 Sau Kusum Dashrath Unde .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Raviraj R. Chandak, Advocate for the Petitioner. Shri P. K. Lakhotiya, A.G.P. for the Respondent No. 1. Shri R. V.Naiknavare, Advocate for the Respondent No. 3. WITH WRIT PETITION NO. 7145 OF 2018 Sudarshan Sundarlal Bihani and another.. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Raviraj R. Chandak, Advocate for the Petitioner. Shri P. K. Lakhotiya, A.G.P. for the Respondent No. 1. Shri R. V.Naiknavare, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 20TH MARCH, 2019.

FINAL ORDER :

.

The learned counsel for petitioners submits that, the lands of petitioners have been de-reserved after issuance of notice U/Sec. 127 of the Maharashtra Regional Town Planning Act. Same stand de-reserved under orders dated 21st March, 2017 of this Court in Writ Petition No. 6057 of 2016 and Writ Petition

2 wp 7140.18 No. 6058 of 2016. The notification is issued by the State dereserving lands of petitioners. The petitioners have given proposals for development, however, same are not considered by the respondents.

2.

Mr. Naiknavare, the learned counsel for the respondent No. 3/Municipal Council submits that, the office of the respondent No. 3/Municipal Council has not received proposals of petitioners. There is no record to that effect with the Municipal Council.

3.

We would not enter into the said dispute.

4.

The petitioners may give proposals to the respondent No. 3/Municipal Council. The respondent Nos. 2 and 3 shall consider the said proposals as per the by-laws and shall take decision upon the proposals that would be submitted by petitioners, expeditiously and preferably within a period of three (03) months from the date of receipt of proposals.

5.

In view of the above, both the writ petitions are disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/March 19