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Bombay High CourtCAW/1457/2021allowed

Ballarpur Sewa Samiti, A Public Trust, Chandrapur Thr. Its President v. The State Of Maharashtra, Thr. Its Secretary, Dept. Of Urban Development And Others

2021-10-05Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

wp3003.21 45

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.1457/2021 IN WRIT PETITION NO.3003/2021 Ballarpur Sewa Samiti and anr ..vs..

The State of Mah., thr its Secretary, Department of Urban Development, Mantralaya, Mumbai and ors ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri A.A.Dhawas, Counsel for Intervenors.

Shri Rohit Joshi, Counsel for Petitioners.

Shri M.I.Dhatrak, Counsel for R-5.

Shri S.M.Ghodeswar, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE & AMIT B.BORKAR , JJ.

DATED : OCTOBER 05, 2021 1.

Heard.

2.

This is an application for intervenors.

3.

For the reasons stated in the application, the application is allowed.

4.

The petitioners shall join intervenors as respondent in the petition.

5.

The amendment to be carried out within a period of two weeks from today.

WRIT PETITION NO.3003/2021 Heard.

.....2/-

wp3003.21 45 1.

Having been prima facie satisfied about fact that land over which intervenors have constructed their houses is not owned by them, it is directed that respondents authorities shall ensure that intervenors shall maintain status quo as regards construction over the subject matter that is survey Nos.67/2 and 673A of mouza Dewai Govindpur Rayyatwari, tahsil and district Chandrapur. 2.

Parties to the present petition including newly added respondents and petitioners shall maintain status quo as regards construction over the property in dispute. 3.

Intervenors shall not carry out any construction activity, till disposal of the present petition. JUDGE JUDGE !! BRW !!

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