Deepak Indrakumar Shrawane And Another v. State Of Maha., Thr. Secy. In The Dept. Of Urban Development, Mumbai And ORS.
43wp 5723.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION 5723/2022 SHRI DEEPAK INDRAKUMAR SHRAWANE AND ANR.
..VS..
STATE OF MAHARASHTRA AND ORS.
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s or Judge'
s Order Coram, appearances, Court'
s Orders or directions and Registrar'
s order__________________________________________________________ Mr. Rohan Malviya, Advocate for the petitioners Mrs. K.S. Joshi, Addl. G.P. for respondents 1 and 5 /State Mr. G.A. Kunte, Advocate for respondents 2 to 4 CORAM : ROHIT B. DEO AND M. W. CHANDWANI, J.J.
DATED : 03/07/2023 Heard.
2.
The petition seeks direction to decide an appeal filed under Section 47 of the Maharashtra Regional and Town Planning Act of 1966 (for short the "MRTP Act") before the respondent 5 and to protect the building structure of the petitioner from demolition till the disposal of the appeal.
3.
We have heard the learned Counsel for the petitioners and the learned Counsel for the respondents. 4.
The grievance of the petitioners appears to be only directions to the respondents 1 and 5 to decide the pending appeal filed under Section 47 of the MRTP Act as expeditiously as possible. We see no difficulty in such SM Gate
43wp 5723.2022.odt direction. Accordingly, we direct the respondents 1 and 5 to decide the pending appeal of the petitioner as early as possible preferably within two months from the date of appearance of the petitioners.
5.
The petitioners shall appear before the Authority on 19.07.2023.
6.
The interim order dated 16.09.2022 giving protection to the construction of the petitioners shall remain in force for three weeks from today.
7.
The writ petition is disposed of in the aforesaid terms with no order as to costs.
(M. W. CHANDWANI, J.) (ROHIT B. DEO J.) SM Gate