Court On Its Own Motion v. State Of Maharashtra Thr. Its Secretary, Dept. Of Revenue, And ORS

PIL45-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Public Interest Litigation No.45/2013 (Court on its own motion .vs. State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. S.Y. Deopujari, Advocate - Amicus Curiae Mr. S.M. Ukey, Additional G.P. For Respondent Nos. 1.2 and 4. Mr. R.J. Kankale, Advocate for Respondent No.3. Mr. G.G. Bade, Advocate for Intervenor.

CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : December 01, 2016.

An affidavit is filed on behalf of respondents no.2 and 4 dated 29.11.2016. In the affidavit it is categorically stated that an appropriate action under the provisions of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short "Act") is being initiated against the plot holders for creating fragment within Bramhapuri municipal area. It is further stated that respondent no.2 has delegated the powers to respondent no.4 for issuing notices and initiated necessary action as contemplated under the provisions of the said Act. It is further stated that respondent no.4 has already issued notices to the concerned plot holders who have created fragment. The copies of the notices are also annexed with the affidavit.

2.

We take the statement made on behalf of

PIL45-13.odt respondent nos. 2 and 4 on record. The learned amicus fairly stated that the respondents have also initiated other criminal action against the wrongdoers.

3.

The petition is disposed of with a direction that the respondents should take the proceedings to the logical end.

4.

In view of disposal of main petition, Civil Application Nos. 695/2013 and 821/2013 stand disposed of.

JUDGE JUDGE halwai