Smt. Shardadevi Wd/O ... vs State Of Maharashtra,Thr. ...
2022 Latest Caselaw 4267 Bom

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

                         CONTEMPT PETITION NO. 31 OF 2021
                                          IN
                            WRIT PETITION NO.386 OF 2006(D)

                             Shardadevi Ganeshprasad Jaiswal and anr.
                                                -Vs-
                  The State of Maharashtra, through its Principal Secretary 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.N.S.Warulkar, counsel for the petitioners.
                                       Ms.N.P.Mehta, A.G.P for respondent No.1.
                                       Mr.J.B.Kasat, counsel for respondent No.2.



                                               CORAM : SUNIL B.SHUKRE &
                                                       SMT.M.S.JAWALKAR, JJ.

DATE : 22.04.2022.

1. At the request of learned AGP, put this matter on 2nd May 2022 to enable the learned AGP to seek appropriate instructions in the matter. It is made clear that in view of the judgment of this Court dated 08.02.2007 passed in Writ Petition No.384 of 2006, the lapsing of the reservation on the subject land is complete and issuance of necessary notification under Section 127(2) of Maharashtra Regional and Town Planning Act, 1966 is only a formality and even if this formality is not completed, still the status of this subject land, as being free from any reservation does not get affected in view of such legal position. If the State government intends to once again subject the land in question to fresh reservation, while acting upon the earlier proposal of Amravati Municipal Corporation and ignoring it's later

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proposal dated 10th March 2021 for not placing the land in question under fresh reservation, the effort would be clearly against the directions issued by this Court in it's judgment dated 08.02.2007, rendered in Writ Petition No.384 of 2006, the gist of which has been reproduced earlier.

2. Authenticated copy of this order is granted. Parties to act upon the authenticated copy of this order.

(SMT. M.S.JAWALKAR, J) (SUNIL B. SHUKRE,J)

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