Dnyaneshwar L. Gulhane Through P.O.A. ... vs State Of Maharashtra, Thr. Secretary, ...
2024 Latest Caselaw 1179 Bom

Bombay High Court

Dnyaneshwar L. Gulhane Through P.O.A. ... vs State Of Maharashtra, Thr. Secretary, ... on 17 January, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

                                                                                                       (1)                                                 wp1617.20

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        NAGPUR BENCH : NAGPUR
                                                         Writ Petition No. 1617/2020

                 Dnyaneshwar Laxmanrao Gulhane Vs. State of Maharashtra & others
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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              Mr. A.V. Bhide, Advocate for petitioner.
              Mr. A.M. Deshpande, In-charge GP for respondent nos.1 to 2.


                         CORAM :                     NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATED : 17/01/2024.

1. We have heard Mr. Bhide, Counsel appearing for the petitioner based on the award dated 8th December, 2017. It is the case of the petitioner that at Sr. No.34 open land, out of Gat No.69/2 to the extent of 2079 square meters and at Sr. No.35 land to the extent of 5018 square meters is covered by road. According to him, in the award it is specifically mentioned that since the aforesaid area cannot be segregated from the Government land, the compensation is not paid to the petitioner.

2. The contention of Mr. Bhide, learned counsel for the petitioner is that in the judgment of Vrajlal Jinabhai Patel Vs. State of Maharashtra and Ors. reported in 2003 (4) All MR 299, the Division Bench of this Court has already held that the law does not permit vesting of ownership of an open space in the local Planning Authority free of cost.

3. If we appreciate the aforesaid submission, what is noticed is that the layout, which speaks of there being an open space and the layout map is to sanction, subject to certain conditions. The perusal of the map produced along with the amendment application depicts that the said contents/ (2) wp1617.20

recommendations for sanction and not the final sanction and that too on the terms and conditions.

4. As such, we are unable to satisfy ourselves the ownership of the land of the petitioner where the entries referred above at Sr. Nos.34 and 35 in the award. As such, we deem it appropriate to grant one more opportunity to the petitioner to produce on record the sanction order and conditions thereof, the layout in question.

5. Stand over to 14th February, 2024.

                           (ABHAY J. MANTRI, J.)                           (NITIN W. SAMBRE, J.)


                 Ambulkar




Signed by: Ambulkar (MLA)
Designation: PS To Honourable Judge
Date: 18/01/2024 19:31:29