JUDGMENT :

Z.A. Haq, J.

1. Heard.

2. RULE. Rule made returnable forthwith.

3. The point which arises for consideration in this petition is:-

"Whether, after promulgation of the Maharashtra Ordinance No. 04/2018 on 25/01/2018, an application under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short "the Act of 1965") at the behest of the private person is maintainable."

4. The facts on record are:-

The petitioner-Firm is in the business of meat supply and export. With an intent to start modern slaughter house, the petitioner purchased the land ad-measuring about 17131.40 sq. mtrs at Village Babulkheda, Tahsil Balapur, Dist. Akola and then submitted an application under Section 44 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the Act of 1966") seeking permission for development on the said land. This application was submitted to the respondent no.3-Municipal Council. The Municipal Council referred the application/proposal of the petitioner to the Town Planning and Assessment Department Branch Office, Akola. By the communication dated 28/04/2016, the office of the Town Planning and Assessment Department, Akola recommended that permission sought by the petitioner for construction of a unit for preservation of meat, canning, processing of meat and similar foods like fruits and vegetable plants can be granted subject to the conditions as mentioned in that communication. This communication further states that the petitioner can be permitted to carry on the activities of de-boning, slaughtering and holding area. Inspite of the recommendation by the Town Planning and Assessment Department, the Chief Officer, Municipal Council informed the petitioner that the land on which the petitioner proposed to start its unit was in the residential area and therefore, the application/proposal submitted by it for development on that land cannot be granted. This communication was challenged by the petitioner under Section 47 of the Act of 1966 in appeal before the Director of Town Planning, Pune. By the order dated 21/10/2016, this appeal was dismissed. The proprietor of the petitioner-Firm approached this Court in W.P. No. 132/2017 which came to be allowed by the judgment dated 06/12/2017. This Court found that the Municipal Council had not considered the relevant aspects and the application/proposal of the petitioner was rejected without granting an opportunity to the petitioner to put forth his case. This Court remitted the matter to the Chief Officer, Municipal Council for considering the application/proposal of the petitioner afresh. The Chief Officer, Municipal Council reconsidered the proposal and by the communication dated 15/19.01.2018 granted permission to the petitioner for development as per the application/proposal submitted by it. The Chief Officer, Municipal Council recorded that the Municipal Council had already passed the resolution on 30/05/2016 in favour of the petitioner. This No-objection issued by the Chief Officer, Municipal Council came to be challenged by the respondent no. 5 before the Collector under Section 308 of the Act of 1965 on 07/03/2018. The learned Collector, exercising the powers under Section 308 of the Act of 1965 has allowed the application filed by the respondent no. 5 and has suspended the execution of the communication/No-objection issued by the Chief Officer, Municipal Council. Being aggrieved by the order passed by the Collector, the petitioner has filed this petition.

5. Earlier Section 308 of the Act of 1965 read as follows:-

"(1) If, in the opinion of the Collector, the execution of any order or resolution of a Council, or the doing of anything which is about to be done or is being done by or on behalf of a Council, is causing or is likely to cause injury or annoyance to the public or is against public interest or to lead to a breach of the peace or is unlawful, he may by order in writing under his signature suspend the execution