Maza Bharat Samajik Sanstha Through Secretary Mr. Jagannath Kharge v. Managing Director, Cidco And ORS

Wp 1917.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1917 OF 2016 Maza Bharat Samajik Sanstha ..Petitioner

Versus

Managing Director, City and Industrial development Corporation and ors.

..Respondents Mr. J. P. Kharge, advocate for the petitioner. Mr. A. Y. Sakhare, senior counsel along with Mr. A.B. Vagyani, GP with Mrs. M. P. Thakur and Ms. Tintina Hazarika, AGP for the State. CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATE OF RESERVING : 3rd OCTOBER, 2016. DATE OF PRONOUNCEMENT : 27th OCTOBER, 2016.

P. C. :

This petition is filed under Article 226 of the Constitution of India for the following relief :

"(a) this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, thereby direct the CIDCO to develop the entire 45 sectors of Kharghar Node with providing Sector wise Civic Facilities, Services/amenities like Public Toilets, Fruit, Vegetable, Fish and Meat Markets and Sector wise Play Grounds and Gardens including Clinics/Dispensaries within a minimum period of one year."

Shubhada S Kadam 1/2

Wp 1917.16 2.

By notification dated 26th September, 2016, issued under Section 3(2) of the Maharashtra Municipal Corporations Act, 1949 read with notification dated 29th September, 2016,issued under Section 4(2) of the Maharashtra Village Panchayats Act, 1961, a larger urban area of the Panvel Municipal Corporation is established and local area of Kharghar Village Panchayat is included in the said larger urban area of Panvel Municipal Corporation. The challenge to this notification raised in writ petition No. 10175 of 2016 is dismissed. This petition, therefore, will not survive and the same is dismissed.

[ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2