Satish Nagnath Shinde v. The State Of Maharashtra And Others

(1) 907-PIL-24-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 PUBLIC INTEREST LITIGATION NO.24 OF 2021 SATISH NAGNATH SHINDE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Nikhiles K. Tungar, Advocate for the Petitioner.

Mr. S. G. Karlekar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 24th FEBRUARY, 2021.

PER COURT:- 1.

We have heard Mr. Tungar, learned counsel for the petitioner and the learned A.G.P.

2.

We find that the petition is premature.

The draft development plan has been forwarded by the Government for sanction. The Government has to resort to the procedure contemplated under Section 31 of the Maharashtra Regional Town Planning Act, 1966. The said steps have yet to see light of the day. The Government has not sanctioned the draft development plan submitted by the Municipal Council. The Proviso (ii) of the sub-Section 1 of Section 31 contemplates the procedure to be followed by the Government before sanctioning the substantial changes.

(2) 907-PIL-24-2021 3.

The learned counsel for the petitioner accepts that the Government has not yet published any Notification calling for the objections. The Government has not sanctioned the said plan.

4.

In light of the above, no interference is called for. Public Interest Litigation is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2021