LAWS(BOM)-2024-9-96

SANTOSH MADHUKAR BHONDVE Vs. STATE OF MAHARASHTRA

Decided On September 12, 2024
Santosh Madhukar Bhondve Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri Anil Anturkar, learned Senior Advocate representing the petitioners, Shri Chandurkar, learned Additional Government Pleader for respondent Nos.1 to 3 - State and Shri Ashutosh Kumbhakoni, learned Senior Advocate representing respondent No.4 - Pimpri Chinchwad Municipal Corporation.

(2.) This petition has been instituted assailing the validity of an order dtd. 18/6/2018 passed by the District Collector, Pune whereby a piece of land admeasuring 1H 46R comprised in Gut No.96 situate at Mauje Ravet, Taluka Haveli, Dist. Pune has been allotted to respondent No.4 - Pimpri Chinchwad Municipal Corporation (hereinafter referred to as the Corporation) for development of a scheme of affordable housing under the Prime Minister Awas Yojana (hereinafter referred to as the PMAY).

(3.) The petition also challenges an order dated 13 th July 2018 passed by the Additional Tahasildar, Pimpri Chinchwad, Taluka Haveli, Dist. Pune whereby the Additional Tahasildar has directed the Divisional Office, Chinchwad that possession of the land in question shall be given to the Commissioner of respondent No.4 - Corporation and that the compliance report should be submitted along with panchnama, 7/12 extract, possession receipt and sketch map in relation to advance possession of the said land. The letter/order dtd. 13/7/2018 further provides that the Commissioner of respondent No.4 shall be granted certificate of occupancy Class-II and that the said entry shall be made in the revenue records. Challenge has also been made to the letter dtd. 9/7/2018 written by the Commissioner of respondent No.4 to the Collector, Pune whereby consent was given to all the 10 conditions mentioned in the order of allotment made by the Collector, dated 18 th June 2018. The petition also challenges the possession receipt dated 21 st July 2018 executed between the Surveyor, Department of Urban Planning, Pimpri Chinchwad Municipal Corporation, Pimpri and the Divisional Officer, Chinchwad, Taluka Haveli, Dist. Pune on behalf of the Additional Tahasildar, Chinchwad, Taluka Haveli, Dist. Pune.