Shah Babu Education Society, ... vs State Of Maharashtra Through ...
2021 Latest Caselaw 9904 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                        MISC. CIVIL APPLICATION NO. 321 OF 2021
                                           IN
                     CIVIL WRIT PETITION NO. 5040 OF 2004(D)

                                       Shah Babu Education Society,Patur
                                                             -Vs-
The State of Maharashtra through the Secretary Ministry of Urban Development Department,
                                           Mantralaya, Mumbai and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. A.S.Dhore counsel for the applicant.
                                       Mr. A.S.Fulzele, Addl.G.P for non applicant nos.1 to 6.

                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL S.KILOR, JJ.

DATE : 28.07.2021.

1. Heard Shri.Dhore, learned counsel appearing for the applicant.

2. The contention is that the applicant was respondent no.8 in Writ Petition No. 5040 of 2004 and had an interest in the land which was the subject matter of notification dated 20.06.2002 issued under Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of the subject land for the purpose of extension of school. It is submitted by learned counsel for the petitioner that on the day on which the Writ Petition No.5040 of 2004 was finally disposed of by this Court, the applicant/respondent no.8 was absent due to some valid reason and therefore, important facts having bearing on the issue involved in the petition could not be

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9-mca-321-21.odt

brought by it to the notice of this Court. According to the applicant, there is now a revised development plan issued on 16.02.2015, whereby the subject land situated at Mouje Shirla, Jirayat Patur, is now reserved for extension to high school, which notification has been challenged by the petitioners by filing another petition, bearing Writ Petition No.4209 of 2016.

3. Learned counsel for the applicant submits that if the pendency of this petition could not be brought by the applicant to the notice of the Court, the other parties namely, Municipal Council, Patur, ought to have brought the same within the knowledge of this Court, but it failed to do so. He further submits that even the petitioners suppressed this material fact from the Court, therefore, according to the learned counsel for the applicant, the judgment under review has been vitiated due to suppression of facts by the concerned parties and inability of the applicant/original respondent no.8, who disclosed the same.

4. Issue notice for final disposal to the non- applicants, returnable after four weeks.

5. Learned AGP waives service of notice for non- applicant Nos.1 to 6.

                              JUDGE                                 JUDGE



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