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2013 Supreme(Bom) 551

R.M.BORDE, T.V.NALAWADE
Suresh s/o Devikisan Oza – Appellant
Versus
State of Maharashtra, through its Secretary, Urban Development Department – Respondent


Advocates Appeared:
For the Petitioner:R.N. Dhorde, Senior Counsel i/by V.R. Dhorde, Advocate.
For the Respondents:R1 to R3, Mrs. A.V. Gondhalekar, A.G.P., R4, V.S. Bedre, R5, V.D. Hon, R6, K.B. Autade, R7, V.D. Sapkal, Advocates.

Judgment :-

R.M. Borde, J.

1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. The petitioner is requesting for issuance of a declaration that deletion of his name from the record of town planning scheme no.1 in respect of final plot no.746/2, situate at Shrirampur, while finalising town planning scheme no.1, is illegal and arbitrary. Petitioner is also seeking a direction against Respondent Nos.1 to 4 to hand over vacant possession of final plot no.746/2, admeasuring 340 square meters to the petitioner in view of the order passed on 01.05.2011 by Respondent No.3 – the Arbitrator for Town Planning Scheme No.1, Shrirampur. A direction is also sought for inclusion of name of petitioner in the final town planning scheme no.1 in respect of final plot no.746/2. A request is also made for issuance of writ of prohibition against Respondent Nos.1 to 4 from taking any steps for alienating or altering or granting permission to construct in respect of final plot no.746/2, admeasuring 340 square meters, which the petitioner claims to have been allotted in his favour.

3. According to the petitioner, his father purchased CTS


















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