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2012 Supreme(Bom) 593

B.P.DHARMADHIKARI, A.B.CHAUDHARI
Manish s/o Dinesh Soni – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sunil Manohar, Senior Advocate with Avinash Gharote, Advocate.
For the Respondents:R1, N.W. Sambre, Government Pleader, R2, to R4, S.K. Mishra, Advocate.

Judgment :-

B.P. DHARMADHIKARI, J.

Looking to the nature of challenge involved and with consent of the parties, efforts were made to dispose of the matter finally at the stage of admission. Accordingly as requested by the respective Counsel, we have heard the matter lastly on 29.02.2012. It is not in dispute that the nature of challenge and prayers in all the three Writ Petitions are identical, hence we make Rule, returnable forthwith.

2. All parties have tried Writ Petition No. 131/2011 as lead petition. Accordingly prayer clause therein is reproduced below for convenience. B “(a) Hold that there is no prohibition, bar or restriction either in The Maharashtra Gunthewari Developments (Regularization, Upgradation and Control), Act, 2001 or in The Development Control Regulations 2000, for loading/use of T.D.R. on plots regularized under the Maharashtra Gunthewari Developments (Regularization, Upgradation and Control), Act, 2001.

b) To hold that the refusal on the part of the respondents to permit loading of T.D.R. on a plot regularized under the provisions of The Maharashtra Gunthewari Developments (Regularization, Upgradation and Control), Act, 2001 is arbitrary, discriminatory and v




















































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