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2017 Supreme(Bom) 2292

VASANTI A NAIK, RIYAZ I.CHAGLA
Popat Kisan Mhaske – Appellant
Versus
Hon'ble Minister for Urban Development State of Maharashtra, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner:Ms. Smita R. Gaidhani, Advocate
For the Respondent:Mr. Vishwajeet Sagare, AGP., Mr. Murlidhar L. Patil, Advocate

JUDGMENT :

Riyaz I. Chagla J.

Rule. Rule made returnable forthwith. Heard by consent.

2. The Petitioner by this Writ Petition is seeking an order and direction from this Court, directing the Respondent to notify by order published in Official Gazette as per Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 (for short "the said Act") that the reservation, allocation or designation of the Petitioners land viz. Survey No. 7A (Part), Hissa No. 1+2+3/2A of Chehedi village in Nashik Municipal Corporation limits (for short "the said land") has lapsed. The Petitioners are further seeking the quashing and setting aside of the order/letter dated 27th May 2015 issued by Respondent No. 6 and the Refusal Certificate dated 28th May 2015/1st June 2015 issued by Respondent No. 5 thereby refusing building permission to the Petitioners. The Petitioners have also sought the deletion of the Petitioners land from reservation as shown in Draft Development Plan published in May 2015.

The brief background of facts is necessary

3. The Petitioners are the co-owners of the said land in village Chehedi in Nashik Municipal Corporation (for short "NMC") limits. The said land of the Petitioners i














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