Shri. Rasiklal Shankar Shaha v. The Chief Officer, Ratnagiri Nagar Parishad And ORS
ash wp-8257.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8257 OF 2012 Shri Rasiklal Shankar Shaha.
..
Petitioner Vs The Chief Officer, Ratnagiri Nagar Parishad & Others.
..
Respondents - Shri Priyadarshani A. Birje and Indrayani M. Koparkar for the Petitioner. Shri Rakesh R. Bhalkar for Respondent No.1 Mrs. M.P. Thakur, AGP for Respondent No.6.
CORAM :
A.S. OKA & A.K.MENON, JJ DATED : 17TH FEBRUARY 2015 P.C.
.
Heard learned counsel appearing for the Petitioner. The challenge is to the Resolution dated 25th January 2010 passed by the Ratnagiri Municipal Council. The Resolution relates to the land bearing CTS NO.539 recommending the deletion of the reservation on the said land in the development plan. The Resolution provides that action should be initiated under Subsection (1) of Section 37 of the Maharashtra Regional and Town Planning Act, 1966. Accordingly, a notice under Subsection (1) of Section 37 of the said Act of 1966 was published on 4th February 2010 calling for suggestions and objections. The Petitioner has filed the objections. As of today, no decision has been taken by the State Government on the basis of the said Notification. It is obvious that all concerned are bound to take into consideration the objections raised by the Petitioner in accordance with law.
ash wp-8257.12 2.
As the State Government has not taken any decision on the proposal under Subsection (1) of Section 37 of the said Act of 1966, the same will have to be taken as expeditiously as possible. 3.
In view of the above discussion, there is no reason to interfere in writ jurisdiction. Subject to what is observed above, the Petition is disposed of.
4.
Civil Application No.2725 of 2014 does not survive and the same is disposed of.
(A.K.MENON, J) ( A.S. OKA, J )