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HIGH COURT OF BOMBAY
SMT. M.S. JAWALKAR, PRAVIN S. PATIL, JJ
Gousiya Labour Co-operative Housing Society Ltd., Nagpur – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. the plot allocation process and initial claims for regularization. (Para 2 , 3) |
| 2. discussion on the implications of the existing reservation. (Para 8 , 10 , 11) |
| 3. details on the legal framework regarding regularization under the gunthewari act. (Para 14 , 20) |
| 4. court's rationale leading to the final judgment. (Para 22 , 24) |
DATE OF RESERVING THE JUDGMENT : 22/08/2025 DATE OF PRONOUNCING THE JUDGMENT: 04/09/2025 JUDGMENT (PER : SMT. M.S. JAWALKAR, J.)
Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for both the parties.
2. The Petitioner by this Petition has challenged the impugned Communication dated 05/06/2023, issued by the Respondent No. 3-The Deputy Director of Town Planning, Nagpur Improvement Trust.
3. The Petitioner Society developed a residential layout on Survey Nos. 52 and 54, Mouza-Bidipeth, and retained Plot Nos. 19A to 19D admeasuring 11,500 sq. ft., possession of which was handed over to its then President on 04/12/2000. Upon commencement of the Maharashtra Gunthewari Developments (Regularization, Upgradation and Control) Act, 2001, (for short the “Gunthewari Act”), the Petitioner applied for regularization
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