Dnyan Ganga Education Trust Thr. Sec. Mrs. Anita Patil v. State Of Maha. Thr. Urban Development And ORS

912.wp.2566.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2566 OF 2023 Dnyan Ganga Education Trust Thr. Sec. Mrs. Anita Patil

...Petitioner

V/s.

State Of Maha. Thr. Urban Development And Ors

...Respondents

____________________________________ Mr. Suhas Oak, Mr. Pranil Sonawane a/w. Vinod Utekar for the Petitioner.

Mr. Mandar Limaye for the Respondent Nos. 2 & 3 - Corporation.

Ms. R. M. Shinde AGP for Respondent No.1-State. ____________________________________

CORAM

: SUNIL B. SHUKRE & RAJESH .S. PATIL, JJ.

DATED : 22nd JUNE, 2023 P.C.:

1.

Rule. Rule is made returnable forthwith. Heard finally with the consent of both the sides.

2.

Since the Appeal under Section 47 of the Maharashtra Regional Town Planning Act, 1966 (MRTP) has already been filed, and is pending since March, 2023, we are of the view, that it should be appropriate if same is decided at the earliest by the State Government, in accordance with law. At the same time, we find that balance has to be struck between the interest of the Petitioner and object of the development, in accordance with law. Therefore, we pass the following directions :- Amol D. Nawale

912.wp.2566.2023.doc (i) We direct that the Respondent No.2 to decide the Appeal in accordance with law at the earliest preferably within six months from the date of the order.

(ii) We further direct that till the Appeal is decided, in accordance with law, the interim protection granted by this Court on 28th February, 2023 shall continue to operate. (iii) We further direct that in case, the Appeal is dismissed, the interim protection granted by this Court shall continue to operate for further period of two weeks form the date of dismissal of the order. 3.

Rule made absolute in above terms. No costs.

4.

All parties to act on authenticated copy of this order. (RAJESH S. PATIL, J.) (SUNIL B. SHUKRE, J.) Amol D. Nawale