Shanti Timber Industries Through Its Owner Deepak Jayantilal Patel And Others v. The State Of Maharashtra Through Its Secretary And Another

*1* 936ywp12267o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12267 OF 2023 SHANTI TIMBER INDUSTRIES THROUGH ITS OWNER DEEPAK JAYANTILAL PATEL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for the Petitioners : Shri Amol Gandhi i/by Shri Mehta Punit S.

GP for Respondent 1/State : Shri D.R. Kale Advocate for Respondent 2 : Shri S.S. Tope ...

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

DATE :- 19th October, 2023 Per Court :- 1.

We have heard the learned Advocate for the Petitioners. We called upon Shri Tope, the learned Advocate, who is on the panel of the Municipal Corporation, to assist the Court. 2.

Shri Tope has placed before us a compilation of 16 pages, which are taken on record and collectively marked as "X1" for identification. 3.

Without going into the contentions of the parties, which include the contention of the Municipal Corporation that the Petitioners are encroachers who have occupied the lands

*2* 936ywp12267o23 beyond their rightful claims, we find from the compilation tendered before us that the Petitioners, who were called upon to indicate their title documents and their exact areas of lands so as to be eligible for compensation, have not submitted any proof. According to the Municipal Corporation, the Petitioners are dodging the Authorities.

4.

The learned Advocate for the Petitioners submits that the Petitioners would tender all the documents as set out in the notices placed before the Court, in the format that is required, by 25.10.2023. The above statement is accepted. 5.

After such documents are tendered on or before 25.10.2023, the Authorities would consider the claims of the Petitioners. If required, the Petitioners may be given a personal hearing and they may be shown the measurement/ documents in view of the measurement carried out by the Municipal Corporation and after hearing the parties, appropriate orders may be passed within 30 days from 25.10.2023.

6.

With the above directions, this Writ Petition is disposed off.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)