Shree Vardhaman Stanakvasi Jain Shravak Sang-Dadar v. State Of Maharashtra And 6 ORS

ash wp-902.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.902 OF 2015 Shree Vardhaman Stanakvasi Jain Shravak Sangh- Dadar ..

Petitioner Vs State of Maharashtra and Others.

..

Respondents -- Shri Mukesh V. Chheda i/by Smt. Reena Salunke for the Petitioner. Shri E.P. Bharucha, Senior Counsel along with Shri Vinod Mahadik for Respondent BMC.

Ms. Nikita J. Gada i/by Niranjan D. Lapashiya for Respondent No.6. Shri Atul Kshatriya i/by Makarand Gandhi & Co. for Respondent No.7. -- CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 18TH JUNE 2015 P.C.

.

Heard learned counsel appearing for the parties. None appears for the State.

2.

The learned counsel appearing for the Petitioner on instructions accepts that a Reference under Sub-section (3) of Section 90 of the Maharashtra Regional and Town Planning Act, 1966 ( a copy of which is annexed at Exhibit-A to the Petition) is still not decided by the State Government. We accept the said statement. 4.

Hence, we need not keep the Petition pending and dispose of the same by passing the following order:-

ash wp-902.15 ORDER :

(a) We direct the State Government to dispose of the Reference No.CMS/11/104233 of 2011 dated 8th November 2011 (Exhibit-A to the Petition) on or before 31st December 2015 after giving an opportunity of being heard to all the concerned parties;

(b) The Petitioner shall produce an authenticated copy of this order in the office of the Principal Secretary of the Urban Development Department of the State Government within a period of two weeks from today;

(c) The State Government shall act upon an authenticated copy of this order;

(d) All contentions of the Petitioner and all the objections of the Respondents are expressly kept open;

(e) The Petition is disposed of on above terms.

(REVATI MOHITE DERE, J) ( A.S. OKA, J )