M/S Dhruv Buildcon, Thr Its Partners Bapusaheb Dagaduba Kadam v. The State Of Maharashtra And Others

WP No.7176/2021

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 1057 WRIT PETITION NO.7176 OF 2021 M/S DHRUV BUILDCON, THR IT PARTNERS BAPUSAHEB DAGADUBA KADAM

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioner : Mr. Palodkar Devdatt P. AGP for Respondents 1, 3 & 4 : Mr. A.R. Kale Advocate for Respondent 5 : Mr. S.V. Deshmukh ...

CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.

DATED : 13/08/2021.

PER COURT :

.

Mr. Palodkar, learned counsel submits that the State Government has not yet taken decision regarding the modification under section 31(2) of the MRTP Act though the time stipulated in the provisions of the Act expired long back.

2.

According to the learned counsel, in the year 2013 the draft development plan was published and final development plan was published on 8.11.2017 and on the same day the substantial modification was republished. Suggestions and objections were

WP No.7176/2021 invited. The officer appointed considered the suggestions and objections and after hearing the parties concerned submitted report to the Government under section 3 (2) of the MRTP Act on 18.1.2019. The decision is required to be taken by the Government as per the second proviso of section 31 (2) of the MRTP Act within one year. The decision is not yet taken. The outer limit to take decision on the modification expired on 18.1.2020. 2.

The State Government shall take decision upon the report submitted by the officer appointed and the modification (subject matter of the petition) within three months. 3.

With these observations, writ petition is disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/