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2024 Supreme(Online)(Bom) 2268

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
ROLLAND STANISLAUS BRITTO – Appellant
Versus
THE STATE OF MAHARASHTRA AND 5 ORS. – Respondent


Advocates:
Mr. Rolland S. Britto, Mr. Milind More, Mr. Mukesh Subramaniam, Mr. Rony Wilson

JUDGMENT :-

1) Rule. Rule made returnable forthwith. With the consent of the parties, Petition is taken up for hearing and disposal. 2) Petitioner has filed this Petition challenging Order dated 21 June 2021 passed by Minister-Revenue by which the Revision filed by Respondent No.6 has been allowed and Order dated 21 August 2020 passed by Additional Commissioner, Kokan Division has been set aside. The learned Minister has directed that area corrections be effected in respect of CTS No. 22D as well as CTS Nos. 25A, 25B, 25C, 25D by adding area of 130.3 sq. mtrs. as per Report of the City Survey Office, Borivali dated 19 November 2018. Petitioner has prayed for implementation of Report dated 8 October 2010 of the City Survey Officer by increasing the area of his Plot bearing CTS No. 25A by 176.2 sq. mtrs. By amending the Petition, Petitioner has also challenged Order dated 28 July 2022 passed by Collector, Mumbai in pursuance of the Order of the learned Minister as well as impugned survey / measurement notice dated 28 July 2022 and Survey dated 19 September 2022.

3) Briefly stated, facts of the case are that Petitioner’s grandfather purchased plot bearing CTS No. 25 corresponding to Sur

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