Waterfront Constructions Pvt.Ltd v. The State Of Maharashtra Ministry Of Water Conservation,Through Its Principal Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION WRIT PETITION NO.746 OF 2021 TRUSHA TUSHAR MOHITE Date: 2021.07.22 12:43:52 +0530 Waterfront Constructions Pvt.Ltd.
..... Petitioners Vs.
The State of Maharashtra and Ors.
..... Respondents Mr.R.S.Kohli a/w Ms.Chandani Bhatt i/b M/s.C.K.Legal for the Petitioner Mr.S.S.Panchpor, A.G.P. for the State
CORAM:
K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ.
DATED :
JULY 20, 2021 P.C.
.
Heard.
2.
By this Petition, under Article 226 of the Constitution of India, Petitioner is challenging the Resolution No.119 Exhibit C at page 24 of the Petition, passed by Respondent Corporation by which Petitioner's Application dated 23.01.2019 for Registration Certifcate with Maharashtra Water Conservation, Aurangabad is rejected.
3.
It is the case of the Petitioner that Respondents without giving any opportunity to fle their reply have 1/3
rejected their Application. Hence, he fled the present Writ Petition.
4.
The learned A.G.P. for the Respondent submits that he already placed on record purshis dated 08.07.2021 stating that they will permit the Petitioner to fle his further Application giving all details so that they will decide the same on its own merits. The said purshis dated 08.07.2021 reads thus:
"Pursis fled on behalf of Respondent No. 2 and 3 That the undersigned AGP has received an instructions from the offce of Respondent Nos. 2 & 3 through Regional Water Conservator Offcer, Soil and Water Conservation Department, Pune that the petitioner will be granted an opportunity of fling reply along with the documents if any, in respect of the allegations as against the petitioner and the documents alongwith reply if any fled within a period of 7 days will be placed before the Executive Committee for taking a decision a fresh on its own merits. The said instructions are received vide letter dated 22.06.2021 by the undersigned AGP.
The said letter dated 22.06.2021 is produced before this Hon'ble Court alongwith the present pursis.
Hence, this pursis."
5.
In view of above mentioned facts, following order is passed:
2/3
a.
Resolution dated 22.06.2019 passed by Respondent no.2 Maharashtra Water Conservation Corporation is set aside.
b.
Petitioners are permitted to fle additional Application and or compilation of documents in respect of his Application dated 23.01.2019 for enrolment with the Respondents within two weeks from today i.e. on or before 04.08.2021.
c.
Respondents are directed to decide Petitioner's Application on its own merits as early as possible, but in any case, within 6 weeks and inform their decision in writing to the Petitioner.
d.
Writ Petition stands disposed of accordingly. e.
No order as to costs.
(PRITHVIRAJ K. CHAVAN, J.) (K.K.TATED, J.) 3/3