JUDGMENT - S.W. PURANIK, J.:---The petitioners are residents of Dhule and own property situate within the jurisdiction of Municipal Council, Dhule. The grievance of the petitioners is that the 1st petitioner has submitted his lay out plans for approval to the Municipal Council in respect of land bearing Survey No. 472/1+2 admeasuring 7 acres 11 gunthas. The Chief Officer of the 1st respondent Municipal Council has not considered the said plans for approval, but on the contrary he demanded payment of betterment charges at the rate of Rs. 20/- per square metre vide his letter dated 13th February, 1991 as a condition precedent for considering the approval of the said plans. The demand is of about 3,75,000/-. It is the contention of the 1st petitioner that the said letter, Exhibit 'A' to the petition, is without the authority of law. He further submits that the Municipal Council is not authorised to claim betterment charges at the time of sanctioning of lay out plans as there is no such provision in the Maharashtra Municipalities Act, 1965, or Building Bye-laws. The petitioners also contend that Resolution No. 148 dated 11th November, 1990 passed by the Municipal Council, Dhule, inter

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