Shri. Shakil Ahamad Abdul Khair v. State Of Maharashtra And ORS
1 18-WP 4277-21 & 19.WP 4278-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4277 OF 2021 Shri Kantaram Madhukar Pawar & Ors.
... Petitioners Vs.
State of Maharashtra & Ors.
... Respondents AND WRIT PETITION NO.4278 OF 2021 Shri Shakil Ahamad Abdul Khair ... Petitioner Vs.
State of Maharashtra & Ors.
... Respondents ------- Mr. Ravi Jadhav for the Petitioners in both WPs. Mrs.R.M. Shinde, AGP for the Respondent-State in both WPs. Mr. Sandeep Marne for the Respondent-Corporation in both WPs. ------- CORAM :
A.A. SAYED & ABHAY AHUJA, JJ.
DATE :
14TH JANUARY 2022 (THROUGH VIDEO CONFERENCING) P.C. :
1.
The Petitioners have impugned the Notification dated 6 January 2017 issued by the State Government sanctioning the modified Development Plan of Pimpri-Chinchwad Municipal Corporation pursuant to the inclusion of Village Tathwade within the limits of the Corporation. According to the Petitioners, the reservations made in the modified Development Plan affect their properties and the reservations are unreasonable and arbitrary and violative of their rights under Article 14 and 21 of the Constitution. Mugdha
2 18-WP 4277-21 & 19.WP 4278-21.odt 2.
It is the Petitioners' own case that they had objected to the proposed reservation of their properties after publication of the Draft Development Plan inviting objections and suggestions. The Petitioners were very much aware of the proposed reservations and the sanction thereof by the State Government vide the impugned Notification dated 6 January 2017. The present Writ Petitions are, however, filed only in the year 2021. There is not a whisper in the Petitions explaining the inordinate delay in filing the Writ Petitions. In the circumstances, on this ground alone, we are not inclined to entertain the Writ Petitions.
3.
The Writ Petitions are accordingly dismissed. 4.
It will be open for the Petitioners to make fresh representations to the State Government. In the event such representations are made, the same shall be decided expeditiously and in accordance with law. We make it clear the decision on the representations shall not be treated as a fresh cause of action.
(ABHAY AHUJA, J.) (A.A. SAYED, J.) MUGDHA M PARANJAPE MUGDHA M PARANJAPE Date: 2022.02.14 16:58:00 +0530 Mugdha