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2023 Supreme(Bom) 1166

RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Gopal Kashinath Lad (Kele) – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Subodh P. Shah, Advocate
For the Respondent:Mr. P.K. Lakhotiya, Mr. Amol S. Sawant, Advocate

JUDGMENT :

Y.G. Khobragade, J.

1. Rule. Rule made returnable forthwith. With the consent of both the sides, the matter is heard finally.

2. In this petition under Article 226 of the Constitution of India, the Petitioner has put-forth prayer clause- A, B and C as under:

    “A] The Hon'ble High Court may be pleased to issue appropriate writ, order or direction in the nature of writ and thereby declare that the southern side plot in reservation site no. 35 in Survey No. 76/2-1 to 5 + Survey No. 76/1-4 situated at Dhule (particularly described in paragraph no. 3), is free from any encumbrance of reservation as reserved in final development plan of 1986 as site no. 35 (Children's Play Ground) and subsequently inclusion as site no. 47 (Children's Play Ground) in Final Development Plan of Dhule (II Revised) of 2015.

B] The Hon'ble High Court may be pleased to issue appropriate writ, order or direction in the nature of writ and thereby direct the respondents to notify the same, by an order published in Official Gazette, in pursuant to section 127 (2) of the Maharashtra Regional Town Planning a

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