Disposed

Shri Gurudatta Shaikshanik and Sanskrutik Trust, Deopur v. the State of Maharashtra and Another

Bombay HC11 Nov 2014WP/3197/2014

Case brief

AI extract

What is this about?

Counsel heard regarding development of land designated for school and playground. Court directed petitioner to file undertaking accepting conditions within three weeks. Municipal Corporation to evaluate within six weeks and State Government within three months thereafter. Writ petition disposed of with these directions.

What did the court decide?

Petitioner directed to file undertaking on affidavit within three weeks; Municipal Corporation directed to evaluate within six weeks and submit to State Government for consideration within three month

Shri Gurudatta Shaikshanik and Sanskrutik Trust… — Municipal and Town Planning | Bombay HC (2014)

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(1) W.P. No. 3197 of 2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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Writ Petition No. 3197 of 2014

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Shri Gurudatta Shaikshanik and Sanskrutik Trust, Deopur Dhule, Through its Chairman, Pushpa Ashok Patil, Age : 57 years, Occupation : Service, R/o. Plot No.8, Pramod Nagar, Sector No.1, Deopur, Dhule. .. Petitioner.

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versus

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The State of Maharashtra, Through Secretary, Urban Development Department, Mantralaya, Mumbai - 32.

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The Commissioner, Dhule Municipal Corporation, Dhule. .. Respondents.

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Mr. K.C. Sant, Advocate, holding for Mr. A.S. Sawant, Advocate, for the petitioner.

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Mr. K.M. Suryawanshi, Assistant Government Pleader, for respondent no.1.

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Mr. N.N. Desale, Advocate, for respondent no.2.

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(2) W.P. No. 3197 of 2014

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CORAM : B.P. DHARMADHIKARI & A.M. BADAR, JJ.

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DATE : 11TH NOVEMBER 2014

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COURT'S ORDER (Per B.P. Dharmadhikari, J.) :

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Heard Adv. Mr. K.C. Sant for the petitioner, learned AGP Mr. K.M. Suryawanshi for respondent no.1, and Adv. Mr. N.N. Desale for respondent no.2.

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The petitioner is one of the applicants who has filed application for development of about 1.25 Hectares of land from Survey Nos. 472 and 475 in the area of respondent no.2 - Municipal Corporation. The respondent no.2 - Municipal Corporation issued public advertisement on 10-12-2010. The petitioner appears to be the successful applicant in response to the same.

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It is not in dispute, that in development plan, the above land is to be developed for secondary school and playground. The Municipal Corporation not being in a position to undertake that exercise, has issued above mentioned advertisement. Its earlier resolution in relation to this development was not accepted and rescinded by the State Government. A fresh resolution has been passed on 5-9-2012. As per this resolution, the person undertaking development has to pay the costs of Survey No. 472 at present value with interest. Name of such person / authority / institution must be approved as appropriate authority for undertaking the development and for that purpose, minor modification in terms of Section 37 of the Maharashtra Regional & Town Planning Act, 1966, should be

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(3) W.P. No. 3197 of 2014

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accepted by the State Government, and the Municipal Corporation shall recommend name of such person / authority undertaking development for its designation as as an appropriate authority in Survey No.472 and reservation upon it.

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Adv. Mr. Sant for the petitioner states that the petitioner has expressed readiness and willingness to accept all these three conditions.

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Learned AGP Mr. Suryawanshi on behalf of respondent no.1 submits that as and when the proposal is received from the Municipal Corporation, it shall be looked into, in accordance with law, by respondent no.1.

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Adv. Mr. Desale appearing for respondent no.2 - Municipal Corporation submits that if the petitioner submits undertaking accepting the three conditions mentioned in the resolution dated 5-9-2012, the Municipal Corporation can process the proposal further, in accordance with law.

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As the petitioner has shown readiness and willingness to abide by all the three conditions imposed by the Municipal Corporation in its resolution supra, we direct the petitioner to file appropriate undertaking on affidavit with respondent no.2, within a period of three weeks from today. After receipt of such proposal and time bound programme for depositing money and for starting development work, the Municipal Corporation shall duly evaluate the same and thereafter submit it to respondent no.1 - State Government for its consideration.

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(4) W.P. No. 3197 of 2014

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The respondent no.1 shall evaluate the proposal in accordance with law, particularly, requirements of Section 37 of the Maharashtra Regional & Town Planning Act, and take suitable decision upon it.

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The Municipal Corporation shall complete the exercise of evaluation of proposal at its end, within a period of six weeks, after receipt of undertaking and proposal from the petitioner. The Municipal Corporation shall then submit the same to respondent no.1, within next two weeks and State Government shall thereafter examine the proposal, in accordance with law, as stated supra, within further period of three months.

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With these directions, the Writ Petition is disposed of. No costs.

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( A.M. BADAR ) ( B.P. DHARMADHIKARI ) JUDGE JUDGE

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puranik / WP3197.14

Shri Gurudatta Shaikshanik and Sanskrutik Trust, Deopur v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Shri Gurudatta Shaikshanik and Sanskrutik Trust, Deopur v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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