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2019 Supreme(Bom) 2016

S.C.DHARMADHIKARI, SANDEEP K.SHINDE
Shree Sai Reality Through Partner Sandeep Dindyal Aagarval – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
P.K. Dhakepalkar, Advocate, A.P. Kulkarni, Advocate, N.K. Rajpurohit, Advocate, Rohit Sakhdeo, Advocate, Mihir Desai, Advocate, P.R. Yadav, Advocate, Rupali Nikam, Advocate

JUDGMENT

Sandeep K. Shinde, J. - Rule. Respondents waive service. By consent, rule made returnable forthwith.

    2. The petitioner is impugning "stop work order" dated 24.01.2019 passed by the Commissioner Pimpri-Chinchwad Municipal Corporation (''Corporation'', for short) and order dated 24.01.2019 passed by the District Superintendent of Land Records (''DSLR'', for short) in Appeal No. 4089 of 2018.

      3. Petitioner no. 1 is a partnership firm carrying on business as builder and developer through its partners, petitioners no. 2 and 3. Petitioner no. 1 M/s. Shree Sai Reality owns land CTS/ Survey/final Plot No. 11/3/1 at Kivale, Haveli, Pune admeasuring 72R. Petitioners aver that since this land was falling in agricultural zone, they sought for change of its use and Competent Authority permitted it. They further aver that this land was measured on 14.09.2016 and there upon office of Deputy Superintendent of Land Records, Haveli, Pune drew the maps bearing MR Nos. 19309/16, 19361/16 and 19337/16. Respondents no. 7, 8 and 9 own land Survey No. 11/2-B, which is adjoining to petitioners'' land. On 15.09.2017, boundaries of petitioners'' land were fixed with the consent of respondents no. 7 &

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