Gaurav Vasantaraoji Khandelwal v. The State Of Maharashtra, Through The Secretary, Urban Development Department, Mumbai And 3 Others

wp1108.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR

BENCH, NAGPUR.

WRIT PETITION NO. 1108 of 2014 (Gaurav Vasantaraoji Khandelwal Vs. The State of Mah. through the Secretary, Urban Development Dept. and ors.) ......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ......................................................................................................................................... Shri G. K. Mundhada, Advocate for petitioner Shri Vaishnav, Advocate for respondent nos. 2 and 3 Shri N. R. Rode, AGP for the respondent nos. 1, and 4 CORAM : B. P. DHARMADHIKARI & A P. BHANGALE, JJ.

DATE : 11-3-2015.

Heard learned counsel for the respective parties.

Service of valid notice under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966 by the petitioner and expiry of period of one year thereafter without any steps being taken by the Municipal Corporation of Amravati is not in dispute. Controversy is, therefore, covered by the judgment of the Hon'ble Apex Court in Girnar Traders Vs. State of Maharashtra and ors. reported in (2011) 3 SCC 1 and in case of State of Maharashtra Vs. Bhakti Vendanta Book Trust and ors. reported .....2/-

wp1108.14 in (2013) 4 SCC 676. Findings of Hon'ble Apex Court in para 43 of its judgment in case of Shrirampur Municipal Council Vs.

Satyabhamabai Bhimaji Dawkher and ors.

reported in (2013) 5 SCC 627 clinch the dispute.

As such, we make rule absolute in terms of prayer clause (A).

No order as to costs.

JUDGE JUDGE wasnik ...../-