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Bombay High CourtWP/6746/2024dismissed

Pawan Rajaramrao Kadam v. The State Of Maharashtra And ORS

2024-07-03Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

by LAXMIKANT GOPAL CHANDAN Date:

2024.07.04 10:08:21 +0530

(20) WP-6746.24.DOCX LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6746 OF 2024 Pawan Rajaramrao Kadam

...Petitioner

Versus

The State of Maharashtra and ors.

...Respondent

Dr Milind Sathe, Senior Advocate a/w Mr. Mayur Khandeparkar, Mr. Chinmay Acharya and Mr. Kevin Pereira, for the Petitioner.

Ms S R Crasto, AGP, for the Respondent - State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

03rd July 2024 PC:- 1.

Heard Dr. Sathe, learned Senior Counsel for the Petitioner and Ms. Crasto, learned AGP for the Respondent - State. 2.

Mr. Sathe states that the Panvel Municipal Corporation and the CIDCO have been duly served in this matter. 3.

Learned AGP requests for some time to consider whether any reply should be filed in this Petition.

4.

If the State decides to file a reply, the same should be filed and served on or before 24th July 2024.

03rd July 2024

(20) WP-6746.24.DOCX 5.

Having regard to the orders made on 3rd April 2024 in PIL No.53 of 2024 and 6th March 2024 in PIL No.28 of 2024, we grant ad interim relief in terms of prayer clause (d) of this Petition which reads as follows :- "that pending the hearing and final disposal of this petition, this Hon'ble Court be pleased to stay the implementation and operation of Clause 2 of the Schedule of the Notice dated 15.03.2024 (Exhibit `A') dated 15.03.2024 seeking to implement the said notice forthwith by issuing direction u/s 154(1) issued under Maharashtra Regional and Town Planning Act 1956 bearing No TPS - 1224 /1018 / CR.15/24/UD-12." 6.

The above ad-interim means and implies that the directions to forthwith make effective the proposed amendment to the D. C. Regulations is stayed. However, in pursuance of the impugned directions, the Planning Authority can proceed with the process for the amendment of the D. C. Regulations.

7.

List the matter for further consideration on 21st August 2024. (Kamal Khata, J) (M.S. Sonak, J) 03rd July 2024