Housabai Haribhau Bahirat And ORS v. The State Of Maharashtra Through Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6237 OF 2016 Hausabai H. Bahirat and Others.

..Petitioners.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. Y. S. Jahagirdar, Senior Advocate with Mr. S. S. Kanetkar for the Petitioner.

Mrs. P. P. Kakde, AGP for the State.

Coram : Ranjit More & A. S. Gadkari, JJ.

Date : July 14, 2016.

P. C. :

1.

Mr. Jahagirdar, the learned Senior Counsel appearing for the Petitioner at the outset states that he is restricting this writ petition to the prayer clause (a) only. Statement accepted.

2.

The limited grievance raised by Mr. Jahagirdar, the learned Senior Counsel appearing for the Petitioner is that objection raised before the State Committee is not decided. Mr. Kakde, learned AGP states that appropriate directions may be given to Respondent No.3 or the State Government to decide the Petitioner's objection within the stipulated time. patilsr 1 / 2

3.

In above circumstances, we deem it convenient to dispose of this writ petition by directing Respondent No. 3 - the State Committee constituted under section 162 of the Maharashtra Regional and Town Planning Act, 1966 or the the State Government to decide the Petitioner's objection dated 25th April 2016 [Exhibit-N to the petition] as expeditiously as possible and at any rate within the period of four weeks from the date of receipt of a copy of this order. Ordered accordingly. 4.

It is made clear that we have not gone into merits of the matter and Respondent No. 3 - State Committee or the State Government shall decide the Petitioner's said objection on its own merit and in accordance with law. All points and contentions of the respective parties are kept open.

[A. S. GADKARI, J.] [RANJIT MORE, J.] patilsr 2 / 2