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2011 Supreme(Bom) 1284

S.A.BOBDE, M.N.GILANI
The Court on its own motion – Appellant
Versus
The State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:K.H. Deshpande, Senior Counsel D.V. Chauhan, (Amicus Curiae), M.M. Sudame, S.J. Khandalkar, Advocates.
For the Respondents:R1, R2, R8 & R11, R4 & R5, Mrs. B.H. Dangre, Additional Government Pleader, R3 & R4, M.M. Sudame, S.J. Khandalkar, R1 & R5, S.K. Mishra, R9, R.S. Sundaram, R10, S.M. Ukey, Advocates.

Judgment :-

S.A.BOBDE, J.

1] Rule returnable forthwith. Heard the learned Counsel for the parties finally by consent.

2] P.I.L. No. 34/10 initiated by the Court on its own motion and Writ Petition No. 125/11 filed by Dr. Punjabrao Deshmukh Krishi Vidyapeeth relate to the same construction on land bearing Khasra No. 83/4 of Mouza Lendra in the city of Nagpur and have been taken up together by the consent of parties for final disposal.

3] The PIL inter alia calls upon Dr. Punjabrao Deshmukh Krishi Vidyapeeth, Akola (hereinafter referred to as “the Agricultural University”) to showcause why the construction should not be declared illegal and why it should not be demolished. Writ Petition No. 125/11 is preferred by the Agricultural University praying that the orders passed by the Planning Authority rejecting the application made by the Agricultural University for permission to construct and directing the removal of the unauthorized construction and the order of the Government of Maharashtra rejecting the Agricultural University’s appeal against the rejection of the building plan and seeking regularization of the construction be quashed and set aside.

4] The main issue in both these mat













































































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