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2022 Supreme(Bom) 2054

S. V. GANGAPURWALA, M. G. SEWLIKAR
Ananta Landmarks Private Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
A.A.Kumbhakoni, Advocate, M.P.Thakur , Advocate

JUDGMENT

S.V.GANGAPURWALA, J. - Rule. Rule made returnable forthwith. By consent of parties, Writ Petition is heard finally.

2. The Petitioner in the instant petition under Article 226 of the Constitution of India assails the impugned order / communication dtd. 27/9/2021 issued by the District Collector of Thane i.e. Respondent no.2 thereby rejecting the application filed by the Petitioner for conversion of occupancy from Class-II to Occupancy Class-I of the writ lands.

3. Sans the necessary details, the facts relevant for adjudication of the present petition can be culled out as under:

4. The State of Maharashtra (Respondent no.1) acquired an area of 1,89,680 sq. mtrs. of the lands under the provisions of Part VII of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, 1894). Upon the request of the predecessor-in-title of the Petitioner, the agreement to that effect was executed, as required under the Act, 1894 in respect of an area of 1,89,680 sq. mtrs. Upon further request of the predecessor-in-title of the Petitioner, the State of Maharashtra also granted an area of 10,900 sq. mtrs. under the provisions of Maharashtra Land Revenue Code. Sanad dtd. 14/12/1990 unde

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