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VIKRAM NATH, SAJAY KAROL, SANDEEP MEHTA
Vimal Babu Dhumadiya – Appellant
Versus
State Of Maharashtra – Respondent
ORDER :
1. This is a petition under Article 32 of the Constitution of India praying for the following reliefs:
b) Direct the respondents 1 to 4 to survey the properties upon which the apartments of the petitioners and others, have been constructed by the 10th respondent, to ascertain encroachment upon government land; and
c) Direct respondents 1 to 4 to regularize the petitioners’ apartments and to grant occupancy/leasehold rights over the alleged government lands over which their apartments have been constructed; and
d) Restrain respondents 1 to 4, and their agents, from interfering in any manner whatsoever, with the enjoyment of the apartments owned by the petitioners and others, until due process of law is followed in respect of the disputed ownership rights over the properties;
e) Pass such further and other orders as the nature and circumstances of the case may require.”
2. Exhibit A (Annexure P-1) is a judgment of the Division Bench of the Bombay High Court dated 25.07.2024 passed in Writ Petition No.833 of 2019. The Special Leave Petition preferred against
Remedies as available under Articles 32 and 136 of Constitution are distinct and must be so availed in a given case.
The court emphasized the need for the authorities to consider the petitioner's representation and pass a reasoned order for the removal of encroachment over the government lands.
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