Shri. Bharat Shivram Patil v. The Managing Director, Cidco And ORS

1 WP.6783/2016(21) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6783 OF 2016 Bharat Shivram Patil

...Petitioner

Vs.

The Managing Director CIDCO & Ors.

...Respondents

Mr. Rahul Thakur, Advocate for the Petitioner Mr. B.B. Sharma, Advocate for Respondent Nos. 1 to 4 CORAM : B.R.GAVAI & M.S. KARNIK, JJ.

DATED: 14TH AUGUST, 2017 P.C.:

1.

The Petitioner has approached this Court challenging the show-cause notice issued by Respondent No.3 on 16 th August 2012 under Sub-Section(1) of Section 54 of the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act).

2.

The learned Counsel for the Petitioner fairly states that in view of the order passed by this Court on 12 th December 2015 the Petitioner would not be entitled for any relief. He

2 WP.6783/2016(21) however submits that the State Government is preparing a policy to regularise all the unauthorised constructions constructed prior to 31 st December, 2015.

3.

On an anticipated policy of the State Government regularising all unauthorised constructions, in our view there cannot be a ground to reopen an issue which is already concluded in Writ Petition No. 1178 7 of 2015. 4.

The Petition is without merit and as such dismissed. 5.

Needless to state that in the event if the State Government frames any policy as is imagined by the Petitioner, the Petitioner would be at liberty to apply to the competent Authority.

(M.S. KARNIK, J.) ( B.R.GAVAI, J.)