ssp 1 RPW 1 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO. 1 OF 2011 IN WRIT PETITION NO.9294 OF 2010 Yatin Aatmaram Sankhe and Anr. .....Petitioners versus State of Maharashtra and Ors. ..... Respondent Mr.S.G.Deshmukh i/by Mr.Abhijeet J. Kandarkar, for the petitioners. Mr.C.R.Sonawane, AGP, for the respondent-State. CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 18th FEBRUARY, 2011. P.C. : 1. Heard the learned Advocates appearing in the matter. It is pointed out by the learned AGP that as per the Government Resolution, encroachment in question can be regularized if application is made. The respondent No.4 has filed affidavit-in-reply, relevant paragraphs of which read as under : 6. I say that the petitioner has relied upon the G.R.dated 28-09-1999 which is on page 21 to 24 of the Review Petition. I say that in the said G.R.dated 28-09-1999, para 3 contemplates that the unauthorized structures used for the commercial purpose can also be regularized by the Government by accepting five time penalty provided the said unauthorized structures are existing prior to cut off date, which is declared by the State Government. I say that in the present case, the structure which is used for commercial purpose is not existing prior to the cut off date i.e. 01-01-1985 as contemplated in the ssp 2 RPW 1 of 2011 said G.R. dated 28-09-1999. 7. I say that thereafter State Government issued another G.R.dated 04-04-2002 whereby the cut off date is changed from 01-01-1985 to 01-01-1995. I say that in view of the aforesaid G.R., and policy contained therein, the Additional Collector may consider the case of the petitioner provided the petitioner place on record the relevant documents and the proof to show that the alleged unauthorized structure is existing prior to the cut off date as contemplated by the State Government by G.R.dated 04-04-2002. Hereto annexed and marked as Exhibit 4 is the copy of the said G.R.dated 04-04-2002. 2. In view of the above, in our view, the applicability of the said G.R. dated 04-04-2002 is required to be taken into account in the facts and circumstances of the present case. With the consent of both the sides, the impugned order dated 07-12-2010 is reviewed and the writ petition is restored to the file. Writ Petition to be placed for admission on 03-03-2011. Till then, ad-interim order granted earlier to continue till then. 3. Review petition is disposed of. ( MRS.MRIDULA BHATKAR, J.) ( P.B.MAJMUDAR, J. )