VIJAY DEEPCHAND CHORDIYA AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER
LAWS(BOM)-2017-12-357
HIGH COURT OF BOMBAY
Decided on December 05,2017

Vijay Deepchand Chordiya And Others Appellant
VERSUS
STATE OF MAHARASHTRA AND ANOTHER Respondents

JUDGEMENT

Sunil K. Kotwal, J. - (1.) This petition is filed under Article 226 of the Constitution of India to direct the respondents to pay compensation of the land of the petitioners bearing Survey No.168/2A, situated at Mehrun, Taluka and District Jalgaon admeasuring 3291.585 sq.mtrs., reserved for 15 mtrs. and 30 mtrs. Development Plan Road (hereinafter referred to as "D.P. Road"), or to direct the respondents to give the petitioners Transferable Development Rights (hereinafter referred to as 'TDR') in respect of the said land as per rules applicable in the year 2017. The respondent No.1 is the State of Maharashtra and respondent No.2 is the Commissioner, Municipal Corporation, Jalgaon.
(2.) We have heard the strenuous submissions advanced by Mr. Bhandari, learned counsel for the petitioners, learned A.G.P. for respondent No.1 and Mr. Patil, learned counsel for respondent No.2.
(3.) The admitted facts in between the parties are that, the petitioners are owners of Survey No.168/2A, admeasuring 00.94 R, situated at Mehrun, Taluka and District Jalgaon. The petitioners had submitted an application for a lay-out plan, to respondent No.2 for the use of 6525 sq.mtrs. area of the above said land for residential purpose. On 14.12.2001, the respondent No.2 accorded temporary sanction for a lay-out subject to the condition that, out of Survey No.168/2A, 3291.585 sq.mtrs. area shall be kept open for D.P. Road and this reserved area shall be transferred in favour of respondent No.2 free of cost. The petitioners were also directed to obtain N.A. permission from the Collector, Jalgaon. Accordingly, on 14.3.2002, the petitioners obtained N.A. permission from the Collector, Jalgaon to use 6525 sq.mtrs. area out of Survey No.168/2A for residential purpose.;


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