17 wp2356-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION

WRIT PETITION NO.2356 OF 2021

Malian Mansukhalal Gandhi

….. Petitioner

Vs.

State of Maharashtra and Ors.

….. Respondents

Mr.Raj Patel i/b M/s.Law Point for the Petitioner

Mr.V.S.Gokhale, ‘B’ Panel, A.G.P. for the State

Mr.Kevic Setalwad, Senior Advocate a/w Ms.Ekta Dalvi for

the Respondent no.5

CORAM:

K.K.TATED &

RIYAZ I. CHAGLA, JJ.

DATED :

JULY 01, 2021

P.C.

.

Heard.

2.

Advocate for the Petitioner submits that all the

Respondents are duly served by private notice. He

undertakes to fle affdavit of service within one week.

Statement is accepted.

3.

Respondent no.5 fled his Affdavit-in-Reply dated

30.06.2021. Same is taken on record.

4.

By this Writ Petition, under Article 226 of the

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Constitution of India, Petitioner is seeking direction against

the Respondent Collector to take action against the

developer for recovering the losses caused to the

Government Revenue by obtaining irregular exemption

certifcates under the Urban Land (Ceiling and Regulation)

Act, 1976.

5.

The learned counsel for the Petitioner submits that for

the same cause of action, they already made representation

to the Collector dated 14.06.2021 (Exhibit ‘E’) at page 64

but till today, the Collector has not taken any steps on the

same representation. Hence, he has fled the present Writ

Petition.

6.

The learned Senior counsel appearing for Respondent

no.5 submit that Respondent no.5 made a statement in

reply before this court that they are ready and willing to

deposit the amount if any, as per the order passed by the

Collector after holding enquiry. In support of this

contention, he relies on paragraph 3 and 26 of his Affdavit-

in-Reply dated 30.06.2021 which read thus:

“3.

I clarify that the compensation to be

compensated to the appropriate department of the

said Offce of Collector is in relation to plot of law

bearing survey nos.569/1 and 663/1 situated at

Village Bhayander [herein after referred to as

“plot”] only. I am ready and willing to compensate

the loss caused if any in relation to the said plot of

land without prejudice to my rights and

contentions.

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26.

It is, thus, stated that in light of the facts

and circumstances as enumerated herein, I am

ready and willing to abide by any conditions and/or

orders and/or directions passed by this Hon’ble

Court in relation to the said plot of land, in context

of any compensation to be paid to the concerned

department of the said Offce of Collector, for loss

caused if any – without prejudice to my rights and

contentions.”

7.

The learned A.G.P. for the State also submit that the

Collector will decide the said representation dated

14.06.2021 on its own merits after hearing both the sides.

8.

Considering the submissions made by the learned

counsel for the Petitioner and as the same issue is pending

before the Collector in Application dated 14.06.2021, Writ

Petition can be disposed of with following direction:

a.

Respondent no.2, Collector, Thane is directed to decide

the Petitioner’s representation dated 14.06.2021 (Exhibit

‘E’) at page 64 of petition on its own merits after hearing

both the sides and communicate decision in writing.

b.

All contention of both the sides are kept open.

c.

Writ Petition stand disposed of accordingly.

d.

No order as to costs.

(RIYAZ I. CHAGLA, J.)

(K.K.TATED, J.)

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