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Bombay High CourtWP/6233/2024disposed off

M/S Kss Infra Heights Pvt Ltd v. State Of Maharashtra Throu. Its Urban Development Dept And ORS

2024-05-08Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

ppn 1 901.wp-6233.24 & ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PRACHI PRANESH NANDIWADEKAR Date: 2024.05.09 10:30:39 +0530 PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO.6233 OF 2024 M/s.KSS Infra Heights Pvt. Ltd.

.. Petitioner

Versus

State of Maharashtra through Urban Development Dept. & Ors.

.. Respondents WITH WRIT PETITION NO.6238 OF 2024 M/s.Kamdhenu Green .. Petitioner

Versus

State of Maharashtra through Urban Development Dept. & Ors.

.. Respondents WITH WRIT PETITION NO.6680 OF 2024 Vihaan Developers .. Petitioner

Versus

State of Maharashtra through Urban Development Dept. & Ors.

.. Respondents WITH WRIT PETITION NO.6608 OF 2024 Vihaan Developers .. Petitioner

Versus

State of Maharashtra through Urban Development Dept. & Ors.

.. Respondents --- Mr.Milind Sathe, Senior Advocate i/by Mr. Jeetenndra Sachhdev a/w Mr.Amey Sawant, Ms.Seema Chavan, Mr.Pratik Sabrad for the petitioner in WP/6233/24.

Mr.Suresh Sabrad a/w Mr. Jeetenndra Sachhdev, Mr.Amey Sawant, Ms.Seema Chavan, Mr.Pratik Sabrad for the petitioner in WP/6238/24. Mr. Jeetenndra Sachhdev a/w Mr.Amey Sawant, Ms.Seema Chavan, Mr.Pratik Sabrad for the petitioner in WP/6608/24 & WP/6680/24.

ppn 2 901.wp-6233.24 & ors.doc Mr.K.B. Dighe, Addl. G. P. a/w Smt.Priyanka B.Chavan, AGP for the respondent-State in WP/6233/24 & WP/6238/24. Smt.T.N.Bhatia, AGP for the respondent-State in WP/6680/24. Mr.S.P. Shetye, AGP for the respondent-State in WP/6608/24. Mr.G.S. Hegde, Senior Advocate i/by Ms.P.M. Bhansali for the respondent no.2-CIDCO in all writ petitions.

Mr.Tejesh Dande for the respondent no.3-NMMC in all writ petitions. ---- CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE : 8 th May 2024 P.C.:- .

The learned counsel for the respondent no.3 has tendered affidavit-in-reply. In paragraph 12 thereof, it has been stated that the plot in question concerning the petitioner has been shown in Public Utility 'Land use' and designated for the Maharashtra State Electricity Board. It is further stated that in terms of letter dated 8th February 2024, the Municipal Corporation has deleted the reservation. However, the Draft Development Plan is presently with the Urban Development Department and the final sanction is awaited. 2.

In view of the above, put up for further consideration on 19th June 2024. In the meanwhile, the Urban Development Department shall consider the aforesaid issue in the light of the fact that the reservation has been deleted by the Municipal Corporation. JITENDRA JAIN, J.

A.S. CHANDURKAR, J.