The Agricultural Produce Market Committee, Aurangabad v. The State Of Maharashtra And Others

{1} 912 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5550 OF 2013 THE AGRICULTURAL PRODUCE MARKET COMMITTEE, AURANGABAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. M.A. Golegaonkar, Advocate h/f Mr. Anil S. Golegaonkar.

AGP for Respondent No.1 : Mr. S.N. Morampalle. Advocate for Respondent Nos.2 to 4 : Mr. A. M. Karad. . . .

CORAM : S. V. GANGAPURWALA & A. M. BADAR, JJ.

DATE : 1st March, 2016.

PER COURT:

1] Mr. Golegaonkar, learned counsel submits that the petitioner had filed an application for sanction of layout without insisting for development charges in view of the Government notification dated 10th March, 2000 issued by the Urban Development Department. According to learned counsel, the petitioner is squarely covered by the said notification. 2] Mr. Karad, learned counsel for the Municipal Corporation and the learned AGP submit that the petitioner had moved a representation dated 10th September, 2012 to the Assistant Director of Town Planning. The Assistant Director of Town Planning would take appropriate decision in the said application.

3] In the light of the above, we pass the following order :-

{2} 912 sr. no..odt [a] The Assistant Director of Town Planning, Municipal Corporation, Aurangabad shall decide the application of the petitioner, and subsequent representation at page 42, on its own merits, in accordance with law, after considering the relevant Government notifications, preferably within six months.

[b] Writ petition accordingly stands disposed of. No costs. [A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-