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2024 Supreme(Online)(Bom) 4132

HIGH COURT OF BOMBAY
HON'BLE JUSTICE SHARMILA U. DESHMUKH
PRASHANT SHRIKANT TAYADE – Appellant
Versus
THE NASHIK MUNICIPAL CORPO. THR. COMMISSIONER AND ORS – Respondent


Advocates:
Mr. G. S. Godbole, Senior Advocate along with Mr. Chetan R. Nagare for the Petitioners in WP Nos. 1750, 1749, 1763, 1754, 1753, 1757, 1756, 1755, 1761, 1760, 1759, 1762, 1752, 1751, 1758 and 1827 of 2023. Mr. Mahendra Agvekar, Shraddha Chavan i/b Sachin Gorwadkar for the Petitioners in WP Nos. 7092, 7095, 7097, 7093, 7081, 7082, 7083 of 2023 Mr. Sanjeev M. Gorwadkar, Senior Advocate a/w Mr. Gurudas S. Gorwadkar for the Petitioners in WP Nos. 7101, 7094, 7089, 7098, 7096, 7099, 7013, 7095, 7100, 7102, and 1413 of 2023. Mr. Sandeep Shinde i/b Ergo Juris for the Petitioner in WP Nos. 7079, 7087, 7084, 7086, 7088, 7090, 7091 of 2023. Ms. M. P. Thakur, AGP for the State. Mr. M.L. Patil for Respondents-Corporation.

Judgment :

1. Rule. Rule made returnable forthwith and by consent taken up for final hearing.

2. This group of petitions challenges the Judgment dated 5th January, 2023 passed by the Appellate Court under Section 81-F of the Maharashtra Municipal Corporation Act [for short “the Corporation Act”] preferred against the order passed by the Deputy Commissioner of Nashik Municipal Corporation under Section 81-B of the Corporation Act. Though in some of the Petitions, the date of the show cause notice issued by the Respondent Corporation is different and in some other Petitions there were civil suits filed by the allottees claiming injunction, the individual facts are not required to be taken into consideration. The grounds on which the show cause notices have been issued are identical and identical orders were passed by the Respondent Corporation. Common submissions were advanced and the Petitions are being disposed of by this common judgment.

3. By consent Writ Petition No.7079 of 2023 and Writ Petition No. 7099 of 2023 were taken up as lead Petitions and referred to during the arguments.

FACTUAL MATRIX :

4. The Petitioners claim to be allottees and lessees of open plot of land of differing

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