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Bombay High CourtCA/5065/2015disposed offdismissed for default

Shri Sai Baba Sansthan Trust Shirdi, Rahata, Ahmednagar v. State Of Maharashtra And Others

2015-07-17Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

ca5065.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5065 OF 2015 IN PUBLIC INTEREST LITIGATION NO. 18 OF 2011 SAIBABA SANSTHAN TRUST THROUGH THE EXECUTIVE OFFICER SHRI SAIBABA SANSTHAN CAMPUS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for the applicant: Mr. Sanjay R. Choukidar AGP for respondent-State: Mrs. S.A. Dhumal Advocate for respondent-original petitioner: Mr. K.M. Nagarkar .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 17th JULY, 2015 P.C. :- 1.

Vide the present civil application, the applicant seeks permission to pay a sum of Rs.6,31,25,000/- to Shirdi Nagar Panchayat , by way of grants of the purpose of development of Shirdi town and for construction of 27 roads, as detailed in the Resolution No. 435.

2.

Mr. Choukidar, the learned counsel submits that the said amount is a contribution by the Trust i.e. 10% and contribution towards loan amount i.e. 15% in the scheme viz. "Maharashtra Suwarna Jayanti Nagarutthan Mahaabhiyan" for planned

ca5065.15 -2development of Shirdi Town and construction of roads. 3.

Mr. Nagarkar, learned counsel for the original writ petitioner submits that writ petitioner has no objection for giving this amount for development activities. However, the same amount should be utilized for proper purpose and the respondents shall give details of the expenditure made.

4.

Considering that the said amount is a share of total amount which is to be spent by the Government for construction and development activities of Shirdi town and that it would be by way of grant to the Municipal Council, we permit the applicant to pay a sum of Rs.6,31,25,000/- to Municipal Council, Shirdi by way of grant for the purpose of development of Shirdi town and construction of roads as detailed in Resolution No. 435. However, the Government and the Municipal Council, Shirdi shall keep details as to how the said amount is being spent and shall furnish the said details as and when asked by the Court or the applicant. Civil application is disposed of. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/