Shri Balaji Sansthan Through President, Shri Vishwajeetsingh R. Chungle v. State Of Maharashtra Through Secretary, Ministry Of Urban Development Department, Mumbai Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.62 OF 2015.

Balaji Sansthan through President Vishwajeetsingh Ranjeetsingh Chungle ..vs..

State of Mah. and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.M.G.Sarda, Advocate for the petitioner.

Mr.A.V.Palshikar, Agp for resp.1 and 2.

Mr.S.V.Sohoni, Advocate for respondent no.3.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : APRIL 4, 2016.

Heard for sometime.

Notice under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966 dated 27th of September, 2014 is admittedly not accompanied by documents showing the title or interest of the person serving notice in subject land. Municipal Corporation has thereafter issued a communication and called upon petitioner to supply those documents. Petitioner submits that he has not received any such communication.

We need not go into that controversy.

Language of said Section is already construed by this

2 0404wp62.15.odt Court and as Legislature has made a provision for deeming fiction, compliance with the requirements thereof is found mandatory.

In this situation, with liberty to petitioner to issue fresh notice and to take such steps as are permissible in law, we dispose of the petition. No costs.

JUDGE JUDGE Chute.