Pravin S/O Manohar Bajirao v. State Of Maharashtra, Thr. Principal Secretary, Department Of Planning, Mumbai And Others

2023:BHC-NAG:13952-DB 1 36wp6416.23(J).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6416 OF 2023 Pravin s/o Manohar Bajirao, Aged about 50 years, Occupation-Private, Resident of C-304, Sai Vaibhav, Near SBI, Pimple Soudagar, Aundh Camp, Pune.

..

Petitioner .. Versus ..

1. State of Maharashtra, Through Principal Secretary, Department of Planning, Mantralaya, Mumbai-400 032.

2. The Principal Secretary, Urban Development Department, Mantralaya, Mumbai-32.

3. The Collector as well as Competent Authority under Urban Land Ceiling Act, Nagpur.

4. The Collector, Nagpur as well as Chairman of District Planning Committee, Nagpur.

5. Nagpur Municipal Corporation Through its Commissioner, Nagpur.

6. Nagpur Improvement Trust, Through its Chairman, Nagpur.

2 36wp6416.23(J).odt

7. Additional Collector as well as In-charge Officer under Urban Land Ceiling Act, Nagpur.

.. Respondents ..........

Shri M.P. Khajanchi, Advocate with Shri M.I. Dhatrak, Advocate for the petitioner, Ms. T.H. Khan, AGP for respondent nos.1 to 4 and 7. ..........

CORAM : SUNIL B. SHUKRE AND SMT. M.S. JAWALKAR, JJ. DATED : 21st SEPTEMBER, 2023.

ORAL

JUDGMENT

(Per : Sunil B. Shukre, J.) 1.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for respondent nos.1 to 4 and 7.

2.

Rule. Rule made returnable forthwith.

3.

Although there are two prayers, as are reflected in prayer clauses (a) and (b), we are of the opinion that the purpose of this petition would stand served, if appropriate directions, as sought for in prayer clause (a), are issued by this Court.

4.

Accordingly, we direct respondent no.3-Competent

3 36wp6416.23(J).odt Authority under the Urban Land Ceiling Act to decide the claim lodged on behalf of the petitioner regarding the return of the land, as per the request made by him on 08.04.2019, in terms of the government policy and Government Resolution dated 14.07.2004 and other guidelines, if applicable, in accordance with law, at the earliest, preferably within a period of six weeks from the date of receipt of the writ of this Court.

5.

Rule is made absolute accordingly.

6.

All contentions raised in this petition are kept open. (SMT. M.S. JAWALKAR, J.) (SUNIL B. SHUKRE, J.) Gulande