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2018 Supreme(Bom) 1632

NARESH H.PATIL, G.S.KULKARNI
Sunil Balakrushna Telang – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amjith M.A. I/b. Triyama Legal
For the Respondent:Mr. M.M. Pabale, AGP, Mr. Deepak More with Mr. Nitesh Mohite, Mr. A.V. Anturkar, Senior Advocate with Mr. S.B. Deshmukh

JUDGMENT :

G.S. Kulkarni, J.

1. Rule returnable forthwith. By consent of the parties and at their request taken up for final hearing.

2. The petitioner is the owner of plot nos.11 and 12 carved out in a private layout in land bearing Survey No.110 Hissa no.01 situated at Village Ravet, Taluka Haveli situated within the municipal limits of Pimpri Chinchwad Municipal Corporation (for short 'municipal corporation').

3. In this proceeding under Article 226 of the Constitution, the petitioner is aggrieved by the decision of the Hon'ble Minister for Urban Development Department, Government of Maharashtra, as communicated by a letter dated 28 September 2016 of the Under Secretary of Government of Maharashtra. By the impugned decision, the Hon'ble Minister while rejecting the statutory appeal as filed by respondent no.3Sahyadri Devcon (for short 'Sahyadri') against the rejection of his development permission, converted the said appeal into a representation and has issued certain directions which has enabled the municipal corporation to reconsider the rejection of the development proposal of respondent no.3 and grant respondent no.3 a development permission.

4. The substantive prayers as made in




















































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