Partly allowed

Homeopathic College Beed Thr Its Authorized Trustee Nanasaheb Raosaheb Kakde v. the State of Maharashtra and Others

Bombay HC18 Oct 2022WP/4792/2021

Case brief

AI extract

What is this about?

Writ petition challenging Collector's order cancelling development permission. Court held Collector lacked jurisdiction as statutory remedy was appeal under M.R.T.P. Act. Order set aside; appeal to State Govt advised.

What did the court decide?

Collector's order dated 19.11.2020 set aside. State Government directed to decide pending appeal within four months. Court reserved merit.

Homeopathic College Beed Thr Its Authorized Trustee… — Landlord and Tenant | Bombay HC (2022)

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949wp4792.21

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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949 WRIT PETITION NO.4792 OF 2021

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HOMEOPATHIC COLLEGE BEED THR ITS AUTHORIZED TRUSTEE NANASAHEB RAOSAHEB KAKDE

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr.G.k. Naik Thigle AGP for Respondent Nos. 1 to 4-State : Mrs.G.L.Deshpande Advocate for Respondent No. 5 : Mr.Shirsat Suhas R.

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CORAM : SANDEEP V. MARNE, J. DATE : 18.10.2022.

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PER COURT :

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The development permission was granted by the Municipal Council, Beed on 20^th December, 2012. Aggrieved by that development permission, respondent No. 5 appears to have been filed a representation to the Minister for Social Justice and Special Assistance. The Minister made a remark on that representation on 18.07.2020 to initiate action for cancellation of development permission granted in favour of the petitioner. Acting on the remark made by the Minister, the Collector, Beed has passed order dated 19.11.2020. Even though, the Collector has rightly held in his order that the appropriate remedy for respondent No. 5 for challenging the development permission is to file appeal under Section 47 of the Maharahtra Regional and Town Planning Act, 1966, the Collector has made certain observations and recorded findings in his order. In my

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2 949wp4792.21

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opinion, the Collector did not have jurisdiction to pass order dated 19.11.2020. The correct remedy for respondent No. 5 to challenge the development permission dated 20.12.2012 was to file an appeal before the State Government under Section 47 of the M.R.T.P. Act. It appears that, respondent No. 5 has indeed file such an appeal before the Minister of the Urban Development Department which is annexed as “A” to Exh. R-3 to the affidavit-in-reply filed by respondent No. 5.

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Consequently the order passed by the Collector, Beed on 19.11.2020 is set aside. The State Government (Ministry of Urban Development Department) is requested to take a decision on the appeal filed by respondent no. 5, as expeditiously as possible, preferably within a period of four months from today. It is clarified that I have not dealt with any contention on merits and all the questions, including the question of limitation, are left open.

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With these observations, the petition is partly allowed.

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No costs.

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( SANDEEP V. MARNE ) JUDGE

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mahajansb/

Homeopathic College Beed Thr Its Authorized Trustee Nanasaheb Raosaheb Kakde v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Homeopathic College Beed Thr Its Authorized Trustee Nanasaheb Raosaheb Kakde v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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