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2021 Supreme(Bom) 444

S.J.KATHAWALLA, VINAY JOSHI
Viraj Profiles Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mukesh Vashi, Senior Counsel instructed by Vikas Shukla.
For the Respondents: Milind Sathe, Senior Counsel, Prakash Shinde instructed by MDP Partners, Ms. S.D. Vyas, ‘B’ Panel Counsel, Ms. Rupali Shinde, AGP, Ajit Deshmukh, Dy. Secretary, Revenue and Forest Dept., Shrikrishna Pawar, Under Secretary, Revenue and Forest Dept., Surendra Navale, Dy. Collector, Palghar.

JUDGMENT :

Vinay Joshi, J.

Rule. Rule made returnable forthwith. Learned counsel appearing for the respective respondents in both petitions waive notice. Heard finally by consent of the parties.

2. A common question regarding legality and correctness of the order dated 7th October, 2020 passed by the Collector, Palghar is under consideration in both petitions. For the sake of convenience, they are taken together for disposal in accordance with law. The parties are referred to as per their status in Writ Petition (St.) No. 96235 of 2020.

3. The facts leading to both petitions can be stated in a narrow compass as below :

The petitioner-Viraj Profiles Ltd. (for short “Viraj”), a limited company, was intending to purchase a piece of land owned by respondent Nos. 7 to 15, belonging to the Scheduled Tribe (for short “ST”). The price was negotiated between the parties, and the petitioner Company made part-payment to the said tribal land owners. respondent Nos. 7 to 15 (tribal land owners) had applied to the Collector seeking permission to transfer their land to non-Tribals in terms of section 36-A of the Maharashtra Land Revenue Code, 1966 (for short “MLR Code”). In turn the respondent No. 4 C

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