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Bombay High CourtWP/7345/2020disposed off

Subhash Shantilal Chhajed v. The State Of Maharashtra And Others

2021-10-01Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

902-wp-7345-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.7345 OF 2020 SUBHASH SHANTILAL CHHAJED

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Pandav Suresh P. AGP for Respondent No.1/State : Mr. S.B. Yawalkar Advocate for Respondent Nos.2 to 4 : Mr. A.R. Vaidya ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 01st OCTOBER, 2021 PER COURT:- 1.

The learned advocate representing respondent nos.2, 3 and 4 submits on written instructions that the issue of the petitioner would be resolved. A copy of the written communication dated 01.10.2021 is placed on record and marked as 'X' for identifcation. 2.

He further states that the petitioner would be given a hearing and he has been assured of TDR. The hearing would be conducted only to assess the quantum of the lands acquired so that the TDR can be worked out. The learned advocate for the petitioner, on instructions, submits that he would co-operate in the said hearing and as stated in the petition, is willing to accept the TDR. 3.

In view of the above, this petition is disposed of with the following observations:

(a) The petitioner shall appear before respondent no.4, presently the 1/2

902-wp-7345-2020.odt Deputy Director Town Planning, Municipal Corporation, Aurangabad, on 13.10.2021 at 12 noon.

(b) The petitioner would co-operate with the proceedings and would assist in deciding the quantum of acquisition. (c) We expect the said authority to conclude the said issue on or before 30.11.2021.

(d) Since TDR is assured to the petitioner, any grievance about the quantum of TDR, can be raised by availing of a remedy available in law.

(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 2/2