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2017 Supreme(Bom) 1250

S.C.DHARMADHIKARI, MANGESH S.PATIL
Goroba – Appellant
Versus
State of Maharashtra, Through Principal Secretary, Urban Development Department – Respondent


Advocates Appeared:
For the Petitioner:P.R. Patil, P.R. Tandale, Advocates.
For the Respondent:S.B. Yawalkar, A.G.P., V.D. Hon, Sr. Advocate i/b. A.V. Hon, V.J. Dixit, Sr. Advocate i/b. B.N. Patil, A.N. Irpatgire, Advocates.

JUDGMENT :

1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith.

2. This Public Interest Litigation seeks the following reliefs:

“(A) By a writ of mandamus or orders or directions in the nature of mandamus, respondent No.5 Latur Municipal Corporation be directed to take action against the illegal construction made by the respondent No.7 M/s. S.B. Pallod Construction Co., Latur and respondent No.6 Agricultural Produce Marketing Committee, Latur in accordance with the provisions Maharashtra Regional & Town Planning Act, 1966.

(B) By a writ of mandamus or orders or directions in the nature of mandamus, Completion Certificate as well as Occupancy Certificate may not be issued to the respondent No.6 Agricultural Produce Marketing Committee, Latur and respondent No.7 M/s. S.B. Pallod Construction Co., Latur.”

3. In this Public Interest Litigation, two orders were passed. One is dated 19/04/2017 and the another is dated 14/06/2017. They read, as under:

Order dated 19/04/2017 -

“1. Learned counsel for petitioner contends that respondent APMC is not a local authority within meaning of section 2(15) of Maharashtra Regional Town Planning Act and, as such, the provisions

























































































































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