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2025 Supreme(Online)(Bom) 6636

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


Advocates:
For the Appellants/Petitioners: Shri Sunil Manohar, Mr. Nitin A. Jachak
For the Respondents: Shri P. P. Pendke, Shri Prakash S. Tiwari

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 and, on 04/11/2016, deposited the requisite charges including those for removal of reservation. The said plots were thereafter amalgamated, and on 23/11/2022, the Nagpur Improvement Trust issued an amalgamation letter along with an approved Map. Subsequently, Respondent No. 2 issued an allotment letter on 25/11/2022 and delivered possession

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