Usha Prabhakar Sahastrabuddhe And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7578 OF 2021 Usha Prabhakar Sahastraduddhe & anr.

...Petitioners

Versus

The State Of Maharashtra & Ors .

..Respondents Mr. Vijay Killedar for the Petitioners.

Mr. Y.D. Patil, AGP for the Respondent-State. CORAM : A.A.SAYED & S.G.DIGE, JJ.

22nd November 2021 P.C.:

The Petition has been filed seeking the following relief: (b) This Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ in the nature of writ of mandamus and be pleased thereby to direct the Respondent No.1 to take decision in respect of deletion/cancellation of Reservation No.138 pertaining to the land bearing Survey No.331/A/2/1, situated at Sangli, in accordance with the provisions of Section 37/Section 50 of the Maharashtra Regional and Town Planning Act, 1996 within definite period of time as may be fixed and directed by this Hon'ble High Court.

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Learned Counsel for the Petitioners has pointed out the letter dated 28th January 2016 of the Under Secretary, Urban Development Department to the Director, Town Planning, Pune and the Commissioner, Sangli-Miraj-Kupwad Municipal Corporation, Sangli calling for the Report on the basis of certain documents produced by the Petitioners. He has further pointed out the Report dated 20th June 2017 submitted by the Assistant Director, Town Planning, Sangli to the Director, Town Planning (page no. 27 of the Writ Petition). We have perused Section 50 of the MRTP Act, 1966 which interalia speaks of decision by the State Government to sanction deletion of reservation. 3.

Having regard to the facts and circumstances of the case, we allow the Petition in terms of prayer clause (b) of the Petition. The decision shall be taken expeditiously and in accordance with law. The Writ Petition to stand disposed of accordingly. (S.G.DIGE, J) (A.A.SAYED, J) Lata Panjwani, P.S.