PARSHURAM GOVIND PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the Respondents.

(2.) By this Petition the Petitioner is seeking quashing of impugned communication dtd. 11/07/2019 issued by the Respondent No. 2 i.e. Chief Land and Survey Officer of the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) whereby the Petitioner has been called upon to submit probate of will executed by the father of the Petitioner, on the basis of which the Petitioner claims right to developed plots as per the scheme of CIDCO. The said scheme stipulates that developed plots to the extent of 12.5% of the acquired land would be made available to the original landowners, in addition to the compensation amount paid to them. It is the case of the Petitioner that as per the subject will dtd. 23/06/1997 the Petitioner is entitled to the benefit under the said scheme, which otherwise was a benefit accruing to his deceased father.

(3.) The Petitioner is also challenging the policy of Respondent No. 2- CIDCO, particularly condition L(ii) thereof, which stipulates the requirement of producing the probate of will in order to take benefit of scheme of the Respondent No. 2-CIDCO.