Pankaj Griha Nirman Sahakari Sanstha Maryadit Kanchanwadi, Dist.Aurangabad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6387 OF 2014 Pankaj Griha Nirman Sahakari Sanstha Maryadit, Kanchandwadi Tq. Dist. Aurangabad Petitioner

Versus

The State of Maharashtra & others Respondents Mr. M.V.Nagargoje advocate for the petitioner Mrs. A.V.Gondhalekar, AGP for Respondents No.1 & 2 CORAM : R.M. BORDE & N.W.SAMBRE, JJ Dated : 17th February, 2015.

PER COURT :- The petitioner is praying for issuance of directions to respondent No.2 to decide the application tendered by him on 18.1.2001 for grant of permission for using land for nonagricultural/residential purpose. An affidavit in reply has been presented on behalf of respondent No.2 wherein, it is stated that, in view of the ordinance and incorporation of amendment in section 42 of the Maharashtra Land Revenue Code 1966, providing therein that, no prior permission from Collector shall be necessary for the conversion of

{2} wp 6387.14.odt user of any land, held as occupants Class 1, for any purpose as defined in the Sanctioned Development Plan or Draft Development Plan prepared and published as per the provisions of the Maharashtra Regional & Town Planning Act, 1966. Since the petitioner claims that, the land has been designated for residential use, under the Sanctioned Development Plan or the Draft Development Plan, prepared under the Act of 1966, it would be open for the petitioner to approach the planning authority for issuance of necessary permission. With liberty as aforesaid, writ petition stands disposed of. (N.W.SAMBRE, J) (R.M.BORDE, J) vbd