Shobha Himmatrao Sangole v. City And Industrial Corp. Abad

{1} wp995011.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9950 OF 2011 Mrs.Shobha w/o Himmatrao Sangole Petitioner

Versus

City & Industrial Development Corporation, Aurangabad Respondent Mr.H.A.Joshi, advocate for the petitioner Mr.A.S.Bajaj, advocate for Respondents.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 21st January, 2015 PER COURT:

The petitioner is objecting to the cancellation of allotment of odd shape plot in her favour by the Cidco authorities. In paragraph no.6 of the affidavit-in-reply, it is stated thus:

"6 I say that the odd shape plot was not only adjoining to the plot of the petitioner but also adjoining to other plot holders bearing Plot Nos. N-9 / M-8/ 1, 2, 3 and 4. On receiving the complaints from the others on visit by the officers from the Planning Department, Engineering Department and Administration Department, it was found that the persons residents of the said area are using the said space as an approach road and as such it cannot be termed as an odd shape plot available for allotment and as such the allotment was not proper. I say that it was noticed that the plot, which was given for residential purpose was illegally used for other purpose. Considering all these aspects, the

{2} wp995011.odt allotment was cancelled by letter dated 15.12.2011 and the petitioner was called upon to take back the amount deposited by her."

We find that the reason recorded for taking decision of cancellation of allotment by the Cidco authorities on 15.12.2011 is justiciable. There is no right in the petitioner to claim allotment of odd shape plot. There is no merit in the petition. Writ Petition stands dismissed.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp995011