SANIA MAYUR SHETH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 26th July, 2017 passed by the learned Minister, Nagar Vikas Urban Development allowing the appeal filed by the respondent no.4. Some of the relevant facts for the purpose of deciding this writ petition are as under :-

(2.) It is the case of the petitioner that the husband of the petitioner vide a registered sale deed dated 5th June, 2012 had purchased the land bearing Gat No.689 admeasuring about 15.6 R and constructed thereon, situated at Village Khandad, Taluka Mangao, District Raigad (hereinafter referred to as the suit property). The said sale deed was duly registered with the office of the Sub Registrar, Mangaon. It is the case of the petitioner that at the time of execution of the sale deed, in the 7/12 extracts annexed to the sale deed, the name of the State Government was not entered in other rights of the column. Neither the petitioner nor the husband of the petitioner was aware of the said alleged acquisition process.

(3.) The husband of the petitioner filed a regular civil suit bearing no. 163 of 2012 against Mr.Surendra Sali for seeking an order of permanent injunction in respect of the said property. On 19th August,2014, the husband of the petitioner submitted an application before the Gram Panchayat Mangaon for seeking building permission to carry out construction on the suit property. On 26th August,2014, the Gram Panchayat also granted permission to the husband of the petitioner for construction on the ground plus two upper floors of the suit property.