LAWS(BOM)-2019-10-27

NANDLAL HIRALAL JOSHI Vs. STATE OF MAHARASHTRA

Decided On October 07, 2019
Nandlal Hiralal Joshi Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By order dated 8th August, 2019, this Court recorded its dis-satisfaction over the approach of the respondent No. 3B i.e. Mr. Wakle, the Mayor of the Municipal Corporation, Ahmednagar. It was brought to notice of this Court on behalf of respondent No. 3B that a meeting was scheduled on 14th August, 2019. Accordingly we directed respondent No. 3B, to place on record the decision which would be taken in the meeting of 14th August, 2019 by way of an affidavit in the Court on or before 19th August, 2019.

(2.) An affidavit on behalf of respondent No. 3B Mr. Walke, the Mayor of Municipal Corporation, Ahmednagar, is placed on record which shows that General Body meeting was held on 14th August, 2019 and a decision has been taken in the meeting by way of a resolution. It is further stated in the affidavit -in-reply with regard to the payment of compensation to the original petitioner Nandlal Hiralal Joshi that guidance is being sought from the Urban Development Ministry and the proposal for the same would be submitted on urgent basis to the concerned Ministry and after receiving guidance of the State Government, further action in the matter would be taken. A copy of the resolution dated 14.8.2019 is annexed to the affidavit-in-reply as Annexure-'A-1'.

(3.) Perusal of the discussion of the meeting and the backdrop of the subject matter shows that the members were not even aware , as to whether the area is in the Municipal Corporation limits.