Bombay High CourtCP/61/2021disposedoff

Mahendrakumar Mahavirprasad Sharma v. State Of Maha. Thr. Principal Secr. Of Urban Development Dept. Shri. Bhushan Gagrani And Others

2021-10-29Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice G. A. Sanap1 pages

1 CP61-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 61/2021 IN WRIT PETITION NO.

/20 (D) (MAHENDRAKUMAR MAHAVIRPRASAD SHARMA VERSUS BHUSHAN GANGRANI, PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

None for the petitioner.

Ms S.S. Jachak, A.G.P. for the R-1.

Shri A.M. Kukday, counsel for the R-2, CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.

D ATED : 2 9 TH OCTOBER, 2021 .

The grievance of the petitioner is that though in Writ Petition No.3602 of 2018 reservation No.NMW-15 of Patwari Halka No.11, Mouza Zingabai Takli, Taluka and District Nagpur was held to have lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, an appropriate publication in the official gazette was not made.

After notice was issued in the contempt petition, the respondent no.1 has placed on record the order of the State Government dated 19.03.2021 notifying the lapsing of the reservation as stated aforesaid. In that order it was mentioned that copy of the part-plan showing the area that has lapsed would be available in the Office of the Commissioner, Nagpur Municipal Corporation, Nagpur during office hours. According to the petitioner, the said part-plan was not available when the inspection was taken.

Today, the learned Assistant Government Pleader has placed on record communication dated 28.10.2021 which is taken on record and marked 'A' for identification. As per that communication, copy of the part-plan has been forwarded to the Nagpur Municipal Corporation. In view of aforesaid, we are satisfied that the directions issued in the aforesaid writ petition have been complied with. The proceedings are therefore disposed of.

(G.A. SANAP, J.) (A. S. CHANDURKAR, J.) byROHIT DATTATRAYA APTE APTE