Katran Real Estate Pvt Ltd Through ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 13690 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                         WRIT PETITION NO.530 OF 2020

       KATRAN REAL ESTATE PVT LTD THROUGH IT'S DIRECTOR
                            VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS

Mr.S.S.Bora, Advocate for the petitioner.
Mr.S.B.Pulkundwar, AGP for respondent No.1.

Mr.Vijay B.Patil, Advocate for respondent Nos. 2 and 3.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ)

DATE : SEPTEMBER 22, 2021

PER COURT :

1. The learned Advocate representing respondent Nos. 2 and 3, who

have filed an affidavit on 16/09/2021, tenders an apology and submits

that these respondents failed to plead that TDR was offered to the

earlier owner of the land at issue. As this vital point has been missed,

they seek liberty to file an additional affidavit. Let such additional

affidavit be filed on or before 01/10/2021. There shall be no extension

of time.

2. Mr.Bora, the learned Advocate for the petitioner submits that the

khs/Sept. 2021/530

competency of the Director of the petitioner in issuing a purchase notice

u/s 127 of the MRTP Act, has been questioned by the respondents.

Now they intend to file an additional affidavit in the light of the

judgment delivered by this Court in Asha Sunil Zawar Versus State of

Maharashtra and others in WP No.5938/2020. The petitioner,

therefore, would be required to file a rejoinder to counter the questions

raised by the respondents as well as the issue of TDR.

3. As such, we grant permission to the petitioner to file an affidavit

rejoinder after the additional affidavit is filed by respondent Nos.2 and

3, on or before 08/10/2021.

4. List this petition in the "Urgent Admissions Category" on

12/10/2021.

( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )

khs/Sept. 2021/530