Mr. Sanjay Silvestor Koli v. The State Of Maharashtra Through The Principal Secretary, Urban Development Dept. And ORS.

wp10917 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10917 OF 2014 Sanjay Silvestor Koli

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Mr.Siddhesh Pilankar i/b Mr.Uday Warunjikar for the Petitioner Ms R.A.Salunkhe, AGP for the respondent-State CORAM : A.S.OKA, & RIYAZ.I.CHAGLA, JJ.

DATE : APRIL 18, 2018 P.C.:

Heard the learned counsel appearing for the petitioner. Perused the substantive prayer which is prayer clause (a). The challenge is to the agenda of the General Body Meeting of the second respondent-Municipal Corporation and the notification dated 16th August 2014 (Exhibit F to the petition). There is also a challenge to the resolution on the basis of which the said notification at Exhibit F was published.

We have perused the notification at Exhibit F. It is a notification under sub-section 1 of section 37 of the MRTP Act,1966 by which suggestions and objections to the draft Regulations have been invited.

The challenge to the notification which is

wp10917 issued only for publishing a draft Regulation cannot the entertained in writ jurisdiction. If at all any final decision is taken on the basis of the said notification and the petitioner is aggrieved by the said decision, the petitioner can file a fresh petition for incorporating the challenge to the final decision on the permissible grounds including the grounds which are agitated in this petition. Merely because the draft is published in accordance with sub-section 1 of section 37 of the Maharashtra Regional and Town Planning Act,1966, the State Government is not bound to sanction proposed modification.

Therefore, subject to what is observed above, and with the liberty as granted above, writ petition is disposed of. All contentions on merits are kept open.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)