The Gram Panchayat, Sade Satra Nali, Hadapsar, Through Upsarpanch, Mr. Rupesh Dattartay Tupe v. The Principal Secretary, Panchayat Raj And Rural Development Dept And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.6849 OF 2014.

Grampanchayat Sadestranali

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr.S.V.Sadavarte for the petitioner Mr.N.P.Deshpande, AGP for the respondent Nos.1,2,4 and 5.

Mr.Sukand Ravindra Kulkarni for respondent No.3 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : MARCH 10, 2015 P.C.:

Heard the learned counsel for the petitioner, the learned AGP for respondent Nos.1, 2, 4 and 5 and the learned counsel for the respondent No.3. Prayers made in this petition read thus:

"(b) By issuing an appropriate writ/order or directions, the Respondent No.2 herein be directed to furnish all details of construction carried out by the Respondent no.3 to the petitioner;

(c)By issuing an appropriate writ/order or direction, the Respondent No.2 be directed to pass appropriate order directing the Respondent No.3 to immediately furnish all the details required to the petitioner."

Our attention is invited to the letter dated 4th August 2011 addressed by the petitioner to the Manager of the Amnora Park Town. The petitioner has demanded following documents from the District Collector:

"(i) Sanctioned layout from the Town Planning Department;

(ii) Building plan along with flat units;

(iii) Name of the person with whom agreements are entered into for purchase of flat and the area of the said flats;

(iv) The index-II of the registered documents;

(v) The Completion Certificate.

The affidavit of Shri Saurabh Rao, the District Collector, Pune affirmed on 8th March 2015 records that the copies of layout plan and completion certificates have been furnished to the petitioner. The statements made in paragraphs 3 and 4 are accepted.

The grievance of the learned counsel for the petitioner is that the copies of the layout plans and completion certificates in respect of all the sectors have not been furnished.

The Collector has shown willingness to provide copies of sanctioned layout plan and completion certificates to the petitioner. The Collector is under no obligation to provide the names of the

individual flat purchasers and copies of the Index of the registered agreement for sale of flats. As far as the information in relation to the proposed assessees is concerned, the petitioner can always exercise appropriate statutory powers. If the petitioner has any grievance that all the copies of all layout plans and all the completion certificates have not been provided by the District Collector, the petitioner shall provide details thereof to the District Collector by making an application to the District Collector.

If such application is made, the District Collector, Pune shall ensure that copies of all the relevant lay out plans and completion certificates available in his office are furnished to the petitioner within a period of one month from the date on which such application is made by the petitioner.

By accepting the statements made in the affidavit of Shri Saurabh Rao, District Collector and with the aforesaid directions, the writ petition is disposed of.

(A.K.MENON,J.) (A.S.OKA,J.)