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2010 Supreme(Bom) 936

P.B.MAJMUDAR, R.M.SAVANT
Damodar Laxman Navare – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared
For the Petitioners:Y.S. Jahagirdar Sr. Counsel a/w A.A. Joshi with Sateyen Vora, Tanvi Gandhi with Prashant Ghelani & Pratiti Naphade i/b Markand Gandhi & Co., Advocates. For the Respondents:N.V.Walawalkar Sr. Counsel with S.N. Patil AGP with Devidas Keluskar, AGP, Virendra Pethe i/b B.D. Joshi, Advocates.

Judgment :-

Oral Judgment: (R.M. Savant J.)


1. Rule, made returnable forthwith by the consent of the parties and heard.


2. The Petitioners who claim to be the owners of certain lands in Thane District, by way of this Petition filed under Article 226 of the Constitution of India, principally challenge the letters dated 11-2-2009 and 18-6-2009 Exhibit L and M respectively. By letter dated 11-2-2009, the authorities mentioned therein i.e. the Municipal Council, Kalyan and Dombivali Municipal Corporation, the Sub-Registrar, Kalyan and the Chief Officer of the Ambernath Nagar Palika, were directed not to sanction the plans and to register the documents presented for registration by the Petitioners in respect of the flats constructed on the land owned by the Petitioners. By letter dated 18-6-2009, the Petitioners were informed that they would have to pay an amount of Rs.56,97,263/as penalty for extension of time that will be granted for completing the scheme sanctioned under Section 20.


3. Shorn of unnecessary details, the facts necessary to be cited for adjudication of the above Petition can be stated thus:


4. The Petitioners herein claim to be the owners of land bearing Survey No.26/4.



















































































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