Bombay High CourtMCA/929/2017rejected at admission stage

Parag Bhausaheb Mude And Others v. The State Of Maharashtra Thr. Secretary, Urban Development Deaprtment, Mumbai And Others

2017-09-01Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo1 pages

1.9MCA.929.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR M.C.A. NO. 929/17 IN WRIT PETITION NO. 3774 OF 2017. (Parag Bhausaheb Mude & others .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. G.K. Mundhada, Advocate for petitioners, Mr. S.M. Ghodeswar, A.G.P. for respondent nos. 1,2, 4 & 5. CORAM : B.P. DHARMADHIKARI & ROHIT B. DEO, JJ. DATED : SEPTEMBER 1, 2017.

The effort is to show that applicants/petitioners were denied right and enjoyment of the development in terms of Section 49(1)(e) of the Maharashtra Regional & Town Planning Act, 1966. Necessary facts to gather this were not on record earlier and even today the same are missing.

Mr. G.K. Mundhada, learned Advocate for petitioners, was requested to show any judgment or law which takes notice of the difference in Section 49 & 127 of the MRTP Act. Question why there are two such separate and distinct provisions in same enactment has been gone into in judgment to which we have made reference in the order dated 1.8.2017 in Writ Petition No. 3774/17. We, therefore, find no case made out for review. The M.C.A. is rejected.

Judge Judge J.