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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
(1) WRIT PETITION NO. 1982 OF 2016
Syed Sarwat Begum w/o Arif Husani
age 44 years, occ. Household
R/o House No. 8.5.107, Shabazar,
Aurangabad, Tq. & Dist. Aurangabad Petitioner
Versus
01 The State of Maharashtra
Through Urban Development Department,
Mantralaya,
Mumbai 400 032.
02 The Secretary,
Urban Development Department -1,
Mantralaya,
Mumbai 400 032.
03 The Director of Town Planning
Central Building
Pune
04 Joint Director of Town Planning
Aurangabad
05 Dy. Director of Town Planning
Development Plan Special Unit
Aurangabad
06 Aurangabad Municipal Corporation
Aurangabad
Through Commissioner
07 The Mayor,
Municipal Corporation,
Aurangabad
08 The Municipal Corporation
Aurangabad Municipal Corporation,
Aurangabad Respondents
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{2} wp198216.odt Mr.D.P.Palodkar, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 5. Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.6 and 8. Mr.A.M.Karad, advocate for Respondent No.7.
WITH (2) WRIT PETITION NO. 3058 OF 2016 01 Ashok Haridas Suradkar age 57 years, occ. Service R/o Plot No. 1, New Nandanvan Colony, Aurangabad.
02Madhukar Dagduji Kale age 58 years, Occ. Retired R/o Plot No. 2, New Nandanvan Colony, Aurangabad.
03 Shaikh Moinoddin Naziroddin age 60 years, occ. Pensioner R/o Plot No. 5, New Nandanvan Colony, Aurangabad.
04 Vasant Chintaman Kamble age 57 years, occ. Service R/o Plot No. 6, New Nndanvan Colony, Aurangabad.
05 Smt. Indrayani Nagbhooshan Naidu age 70 years, occ. Pensioner r/o Plot No. 8, New Nandanvan Colony, Aurangabad.
06 Smt. Vilasani Narayan Nair age 60 years, occ. Household R/o Plot No. 7, New Nandanvan Colony, Aurangabad 07 Smt. Kamal Pundlik Suradkar age 62 years, occ. Household R/o Plot No. 5, New Nandanvan Colony, ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {3} wp198216.odt Aurangabad 08 Shaikh Raisoddin Nziroddin age 50 years, Occ. Service R/o Plot No. 4, New Nandanvan Colony, Auragabad.
09 Manoj Anthony Mulavana age 42 years, occ. Service R/o Plot No. 3, New Nandanvan Colony, Aurangabad.
10 Sujit Vishwanath Motghare age 60 years, occ. Household R/o Plot No. 7, New Nandanvan Colony, Aurangabad.
Versus
ig Petitioners
01 The State of Maharashtra
Through Urban Development Department, Mantralaya, Mumbai 400 032.
02 The Secretary, Urban Development Department -1, Mantralaya, Mumbai 400 032.
03 The Director of Town Planning Central Building Pune 04 Joint Director of Town Planning Aurangabad 05 Dy. Director of Town Planning Development Plan Special Unit Aurangabad 06 Aurangabad Municipal Corporation Aurangabad Through Commissioner ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {4} wp198216.odt 07 The Mayor, Municipal Corporation, Aurangabad 08 The Municipal Corporation Aurangabad Municipal Corporation, Aurangabad Respondents Mr.D.P.Palodkar, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 5. Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.6 and 8.
Mr.A.M.Karad, advocate for Respondent No.7.
ig WITH (3) WRIT PETITION NO. 7435 OF 2016 01 Sau Shakuntala Shankarlal Korodiwal age 69 years, occ. Business r/o Plot No. 29, Bhagwati Colony, Near Jawahar Colony, Aurangabad 02 Suresh Appasaheb Jadhav age 50 years, occ. Service r/o Plot No. 65/66, Survey No. 46, Rajgurunagar, Shahnoorwadi, Aurangabad.
03 Rajendra Ramdas Patil age 47 years, occ. Business r/o Samarth Automobiles, Jawahar Colony, Aurangabad.
04 Smt Sudha yashwantrao Patil age 69 years, occ. Household r/o Plot No. 16, Shriramnagar, Jawahar Colony, Aurangabad.
05 Sau Hemlata Gajanan Late ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {5} wp198216.odt age 33 years, occ. Household r/o Sawad, Tal Risod, Dist. Washim 06 Smt Jogindarkaur Sarjeetsing Jabinda age 62 years, occ. Pensioner r/o 59, Dashmeshnagar, Aurangabad.
07 Gurupratapsingh Sarjeetsingh Jabinda age 36 years, occ. Business r/o 59, Dashmeshnagar, Aurangabad.
08 Rajpalsingh Sarjeetsingh Jabinda age 35 years, occ. Business r/o 59, Dashmeshnagar, Aurangabad.
09 Kailas Shankarlal Karodiwal age 38 years, occ. Business r/o Plot No. 29, Bhagwati Colony, Aurangabad.
10 Yogesh Shankarlal Karodiwal age 35 years, occ. Business r/o Plot no. 29, Bhagwati Colony, Aurangabad.
11 Dr. Dnyaneshwar Chandrabhan Zade age 34 years, occ.Medical Practitioner r/o Plot No. 40, Sahakar Nagar, Aurangabad. Petitioners Versus 01 The State of Maharashtra Through Urban Development Department, Mantralaya, Mumbai 400 032.
02 The Secretary, Urban Development Department -1, Mantralaya, ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {6} wp198216.odt Mumbai 400 032.
03 The Director of Town Planning Central Building Pune 04 Joint Director of Town Planning Aurangabad 05 Dy. Director of Town Planning Development Plan Special Unit Aurangabad 06 Aurangabad Municipal Corporation Aurangabad 07 The Mayor, Through Commissioner Municipal Corporation, Aurangabad 08 The Municipal Corporation Aurangabad Municipal Corporation, Aurangabad Respondents Mr.D.P.Palodkar, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 5. Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.6 and 8.
Mr.A.M.Karad, advocate for Respondent No.7.
WITH (4) WRIT PETITION NO. 3248 OF 2016 Shri Vitthalrao Rangnathrao Ambarwadikar age 68 years, occ. Business & Agril. R/o 212 Samarthnagar, Aurangabad Dist. Aurangabad Petitioner Versus 01 The State of Maharashtra ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {7} wp198216.odt Through its Secretary Urban Development Department Mantralaya, Mumbai 32.
02 The Director of Town Planning Aurangabad 03 The Deputy Director of Town Planning Aurangabad 04 Aurangabad Municipal Corporation Through its Commissioner 05 Assistant director of Town Planning Municipal Corporation, Aurangabad 06 Joint Director of Town Planning Municipal Corporation, Aurangabad 07 Deputy Director of Town Planning (Special unit) Municipal Corporation, Aurangabad Respondents Mr. V. D. Sapkal, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 4.
Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.6. Mr.A.M.Karad, advocate for Respondents 5, 6 & 7.
WITH (5) WRIT PETITION NO. 2401 OF 2016 Smt. Hazirabee w/o Ahemadkhan age 62 years, occ. Household & Agril r/o Satara Parisar, Aurangabad Tq. & Dist. Aurangabad Petitioner Versus 01 The State of Maharashtra Through its Secretary, Urban Development Department ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {8} wp198216.odt Mantralaya, Mumbai 32.
02 The Director of Town Planning Aurangabad 03 The Deputy Director of Town Planning Aurangabad 04 Aurangabad Municipal Corporation Through its Commissioner 05 Assistant Director of Town Planning Municipal Corporation, Aurangabad 06 Joint Director of Town Planning 07 Municipal Corporation, Aurangabad Assistant Director of Town Planning Municipal Corporation, Aurangabad 08 Deputy Director of Town Planning (Special Unit) Municipal Corporation, Aurangabad Respondents Mr. V.D. Sapkal, advocate for petitioner.
Mr. A.B. Girase, Government Pleader for Respondents 1 to 3. Mr. Vijaysingh Thorat, Senior Counsel i/by Mr. J.R. Shah, advocate for Respondents 6 & 8.
Mr. A.M. Karad, advocate for Respondent no. 4.
WITH (6) WRIT PETITION NO. 2400 OF 2016 01 Nazir Khan s/o Rahim Khan age 50 years, Occ.Agriculturist R/o Afwan Colony, Aurangabad Dist. Aurangabad.
02 Nasir Khan s/o Rahim Khan Age 45 years, Occ. Business R/o Afwan Colony, Aurangabad Dist. Aurangabad ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {9} wp198216.odt 03 Nasim Khan S/o Rahim Khan Age 45 years, Occ. Business R/o Afwan Colony, Aurangabad Dist. Aurangabad 04 Rashid Khan S/o Rahim Khan Age 32 years, Occ. Business R/o Afwan Colony, Aurangabad Dist. Aurangabad Petitioners Versus 01 The State of Maharashtra Through its Secretary, urban Development Department, 02 Mantralaya, Mumbai 32.
The Director of Town Planning Aurangabad 03 The Deputy Director of Town Planning Aurangabad 04 Aurangabad Municipal Corporation through its Commissioner 05 Assistant Director of Town Planning Municipal Corporation, Aurangabad 06 Joint Director of Town Planning Municipal Corporation, Aurangabad 07 Assistant Director of Town Planning, Municipal Corporation, Aurangabad 08 Deputy Director of Town Planning (Special Unit) Municipal Corporation, Aurangabad.
Mr. V.D. Sapkal, advocate for petitioner. Mr. A.B. Girase, Government Pleader for Respondents 1 to 3. Mr. Vijaysingh Thorat, Senior Counsel i/by Mr. J.R. Shah, advocate for Respondents 6 & 8.
Mr. A.M. Karad, advocate for Respondent no. 4.
::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 :::{10} wp198216.odt WITH (7) WRIT PETITION NO. 2399 OF 2016 Smt. Gangabai Vitthalrao Ghuge (Ambarwadikar) Age 65 years, Occ. Business & Agril.
R/o 212 Samarthnagar, Aurangabad Dist. Aurangabad. Petitioner Versus 01 The State of Maharashtra Through its Secretary, Urban Development Department, Mantralaya, Mumbai 02 The director of Town Planning Aurangabad.
03 The Deputy Director of Town Planning Aurangabad.
04 Aurangabad Municipal Corporation Through its Commissioner 05 Assistant Director of Town Planning Municipal Corporation, Aurangabad 06 Joint Director of Town Planning Municipal Corporation, Aurangabad 07 Assistant Director of Town Planning Municipal Corporation, Aurangabad 08 Deputy Director of Town Planning (Special Unit) Municipal Corporation, Aurangabad. Respondents Mr. V.D. Sapkal, advocate for petitioner. Mr. A.B. Girase, Government Pleader for Respondents 1 to 3, 6 &
8. ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {11} wp198216.odt Mr. Vijaysingh Thorat, Senior Counsel i/by Mr. J.R. Shah, advocate for Respondents 6 & 8.
Mr. A.M. Karad, advocate for Respondent no. 4.
WITH (8) WRIT PETITION NO. 2398 OF 2016 Shri Vinod S/o Gangabishan Agrawal Age 49 years, Occ. Contractor R/o C-1, Pride Park, Vedant Nagar Aurangabad, Dist. Aurangabad. Petitioner Versus 01 The State of Maharashtra Through its Secretary, Urban Development Department, Mantralaya, Mumbai 32.
02 The Director of Town Planning Aurangabad 03 The Deputy Director of Town Planning Aurangabad 04 Aurangabad Municipal Corporation Through its Commissioner 05 Assistant Director of Town Planning } Municipal Corporation, Aurangabad } } 06 Joint Director of Town Planning } Municipal Corporation, Aurangabad } } Deleted 07 Assistant Director of Town Planning } Municipal Corporation, Aurangabad } } 08 Deputy Director of Town Planning } (Special Unit) Municipal Corporation } Aurangabad } Respondents Mr. V.D. Sapkal, advocate for petitioner.
::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 :::{12} wp198216.odt Mr. A.B. Girase, Government Pleader for Respondents 1 to 3.
Mr. A.M. Karad, advocate for Respondent no. 4. Respondent nos. 5 to 8 deleted.
WITH (9) WRIT PETITION NO. 3579 OF 2016 Shaikh Babu Shaikh Rajmohammad age 46 years, Occ. Business R/o Chikalthana, Aurangabad Tq. & Dist. Aurangabad. Petitioner Versus 01 The State of Maharashtra Through Urban Development Department, Mantralaya, Mumbai 400 032.
02 The Secretary, Urban Development Department -1, Mantralaya, Mumbai 400 032.
03 The Director of Town Planning Central Building Pune 04 Joint Director of Town Planning Aurangabad 05 Dy. Director of Town Planning Development Plan Special Unit Aurangabad 06 Aurangabad Municipal Corporation Aurangabad Through Commissioner 07 The Mayor, Municipal Corporation, Aurangabad ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {13} wp198216.odt 08 The Municipal Corporation Aurangabad Municipal Corporation, Aurangabad Respondents Mr.Yogesh P. Deshmukh, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 5. Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.6 and 8. Mr.A.M.Karad, advocate for Respondent No.7.
WITH (10) WRIT PETITION NO. 3580 OF 2016 Kanchannagar Sahakari Gruhnirman Sanstha Ltd. Scheme - C, Nakshtrawadi, Aurangabad Through its Secretary Shri D.B. Josalkar Petitioner Versus 01 The State of Maharashtra Through Urban Development Department, Mantralaya, Mumbai 400 032.
02 The Secretary, Urban Development Department -1, Mantralaya, Mumbai 400 032.
03 The Director of Town Planning Central Building Pune 04 Joint Director of Town Planning Aurangabad 05 Dy. Director of Town Planning Development Plan Special Unit Aurangabad ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {14} wp198216.odt 06 Aurangabad Municipal Corporation Aurangabad Through Commissioner 07 The Mayor, Municipal Corporation, Aurangabad 08 The Municipal Corporation Aurangabad Municipal Corporation, Aurangabad Respondents Mr.Yogesh P. Deshmukh, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 5.
Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.6 and 8. Mr.A.M.Karad, advocate for Respondent No.7.
WITH (11) WRIT PETITION NO. 2930 OF 2016 Krishna Sahakari Gruhanirman Sanstha Maryadit, Mitmita, Tq. & dist. Aurangabad Through its Secretary Shri Deorao Bhikaji Goje age 70 years, occ. Retired R/o Ajabnagar, Aurangabad Petitioner Versus 01 The State of Maharashtra Through the Secretary Urban Development Department Mantralaya, Mumbai 400 032.
02 The Director,
Town Planning,
Central Building,
Pune
03 The Joint Director
Town Planning,
Aurangabad
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04 The Dy. Director
Town Planning, Development Plant, Special unit, Aurangabad 05 The Municipal Corporation Aurangabad Through Commissioner 06 The Mayor, The Municipal Corporation, Aurangabad 07 The Municipal Commissioner Auranagabad.
Municipal Corporation, Respondents Mr.V.B.Kale, advocate for the petitioner. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 4. Mr.Vijaysingh Thorat, Senior Counsel i/by Shri J.R.Shah, advocate for Respondents No.5 and 7.
Mr.A.M.Karad, advocate for Respondent No.6.
CORAM : R.M.BORDE & K.L.WADANE, JJ.
Reserved on : 20th July, 2016 Pronounced on : 5th August, 2016.
JUDGMENT (Per R.M.Borde, J.):
1 Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
2 For the reasons recorded in the judgment passed by us today in Writ Petition No.1981 of 2016, grievance raised by the respective petitioners does not survive and these petitions, as ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:46:38 ::: {16} wp198216.odt such, stand disposed of.
3 Rule accordingly. There shall be no order as to costs.
Pending Civil Applications, if any, do not survive and stand disposed of.
K.L.WADANE R.M.BORDE
JUDGE JUDGE
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