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NOTICE REPLY

Reg A.d

To
1. Chief executive officer
Pimpri Chinchwad New Town Development Authority
ADC near railway station Akurdi Pune 44
2. DY. Chief executive officer
Pimpri Chinchwad New Town Development Authority
ADC near railway station Akurdi Pune 44
3. Junior Engineer (Mr. Naik)
Pimpri Chinchwad New Town Development Authority
ADC near railway station Akurdi Pune 44.

Under instruction and information given by my client Mr.


Parmanand Melhumal Jhamtani, Having its office at :17/2, opp to D ward, Aundh Kalewadi road, Pimpri Pune

17. With reference to your notice dated 1/12/2014, I have


to address you vide this notice reply as under :-

1. My client has received your notice dated 1/11/2014


on 3/12/2014 vide R.P.A.D.
2. That in your notice dated 1/11/2014 you have asked
my client to confirm that whether he has received any
stay order in his appeal filed in Mantralaya under
section 47 of MRTP Act. Thus this is to inform you
that we have already filed appeal under section 47 of
MRTP act on 27/6/2014 and the same is pending for
hearing in Mantralaya.
3. That after filing of the application no action was
taken due to election and after the election there is
no person who has taken charge of the urban
development department and that charge department
was with Chief Minister himself.
4. That

we are expecting the matter to be taken on

board in second week of January 2015 so till that


time you are informed to keep the proceeding under
section 53 of MRTP act on hold till the interim
application of the stay is decided.

5. That it is statutory right of my client to file appeal


against order of CEO PCNTDA and I have immediately
filed an appeal without any delay but same is not
taken on board due to aforesaid reasons wherein my
client has no fault.
6. That by this Notice Reply I wish to inform you that no
order is final wherein the appeal is pending before the
competent court of law and same is within your
knowledge it is further informed that we have also
filed an application on 05/12/2014 praying the
matter to be taken on board as soon as possible. The
copy of the same is attached with this Notice.

7. That it is within your knowledge that writ petition no


108/2007 is pending before Bombay high court
wherein Hon ble High

Bombay High court Coram

Justice D.K Deshmukh and Justice V.M Kanade vide


their order dated 03/12/2007 have restrained you
from disturbing and dispossessing the peaceful
possession of property listed in the order which
includes our property bearing survey no 17/2 in
respect of which proceeding are been undertaken by
you.
8. That it would also amount to the willful interference
in the jurisdiction of the Hon ble Minister of Urban

Development department to try and decide the matter


which is pending before him.
9. That this is also to inform you that aforesaid act shall
be beyond the scope of your official duty as public
servant wherein you can be held liable personally for
voluntarily acting in contravention of law with
sufficient knowledge that there is status quo order of
the court and appeal is also pending before the Hon
ble Minister of Urban Development. It is also
informed to you that aforesaid conduct shall be
unlawful and amount to offence punishable as per
provision of Indian Penal Code 1860.
10. That this is also well within your notice that the
acquisition of the Land is being challenged Vide Writ
Petition no 7246/2014 in Bombay High Court. and
with reference to the section 24(2) of The Right to Fair
Compensation and Transparency in Land Acquisition
Rehabilitation And Resettlement Act 2013 (Formerly
known as the Land Acquisition Act 1894) the
acquisition has already lapsed. As for more than 5
years after award declaration in 1986 the possession
is neither been taken nor the compensation has been
paid to my client, so the authority of yours to acquire
land has no legal sanctity or privilege.
11. That in the light of the all aforesaid circumstances I
do hereby call upon you to put all your proceeding on

hold in the interest of Justice till the disposal of


appeal and also till the order of the Honble Mumbai
High Court or else you shall be officially and
personally be held liable for the willful disregard
shown towards the order of the high court and also
for the interference in the Jurisdiction of the Hon ble
minister of try and decide the Appeal.
12. That in case if you initiate the proceeding in violation
of the procedure established by law, gross abuse of
due process of law and against the principle of
natural justice then my client shall be constrained to
initiate the suit able action against you in competent
court of law.

Then in that condition you shall be

officially and personally liable for the

act of your

hence take note of the same


13. That this notice shall be treated as statutory notice
under section 80 of code of civil procedure before
filing suit against government and wherein my client
will be plaintiff and you shall be defendant.
Date:Place:-

Advocate