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2005 Supreme(Bom) 903

P.V.KAKADE, R.M.S.KHANDEPARKAR
Ganesh Ginning and Pressing Co. Ltd – Appellant
Versus
State of Maharashtra – Respondent


Judgment

S. P. KUKDAY, J.

( 1 ) RULE. Rule made returnable forthwith with consent of the parties. Heard both the sides. Perused the records.

( 2 ) BRIEFLY stated the facts of the case are that the petitioner company is engaged in' the business of Ginning and Pressing since the year 1938. Shri Pannalal Shivratan bagdia is the Managing Director of said company. The company owns land bearing Survey No. 225, admeasuring 5 hectares and 24 Ares (CTS No. 350), situated at Jalna. Previously, this portion of land was in an; industrial zone. However, subsequently; municipal Council, Jalna, vide its Resolution dated 13-7-2001, submitted a proposal to the Government on 5-12-2002 for converting use of said land from Industrial to residential purpose. This proposal was approved by the Government. Accordingly, use of land was changed. The petitioner had earlier obtained N. A. permission for using the land for industrial purpose, however, as the use of land changed from industrial to residential purpose, petitioner submitted an application dated 8-5-2003 along with necessary documents for seeking permission to convert use of land from industrial to residential purpose, as required by Section 44 of






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