2022:BHC-AS:24441-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9498 OF 2021 Surendra Shamsundar Jeware ] .. Petitioner Vs.

1. The State of Maharashtra, ]

Through its Principal Secretary, ] Urban Development Department, Mantralaya, Mumbai. ]

2. The Director of Town Planning, ]

Maharashtra State, Mumbai. ]

3. The Commissioner and the Director, ]

Directorate of Municipal Council Administration, Mumbai ]

4. The Divisional Commissioner and Regional Director, ]

Municipal Council Administration, Pune Division, Pune ]

5. The District Collector, Pune ] 6. Baramati Municipal Council, Baramati, Dist. Pune ] 7. Natraj Natya Kala Mandal, Baramati, Dist. Pune ]

8. Kiran Babanrao Gujar ] .. Respondents Mr. S.B. Talekar, with Ms. Madhavi Ayyappan, i/by Talekar and Associates, for the Petitioner/s.

Mr. R.A. Thorat, Senior Advocate, with Mr. P.P. Kakade, Govt. Pleader and Mr. R.A. Salunkhe, AGP for Respondent Nos.1 to 5.

Mr. S.R. Nargolkar, with Mr. Arjun Kadam, for Respondent No.6.

Mr. Abhijit Kulkarni for Respondent Nos.7 and 8.

ALONG WITH PUBLIC INTEREST LITIGATION NO.96 OF 2021 Rahul Nandu Kamble ] .. Petitioner Vs.

1. The State of Maharashtra, ]

Through its Principal Secretary, ] Urban Development Department, Mantralaya, Mumbai. ]

2. The Director of Town Planning, ]

Maharashtra State, Mumbai. ]

3. The Commissioner and the Director, ]

Directorate of Municipal Council Administration, Mumbai ]

4. The Divisional Commissioner and Regional Director, ]

Municipal Council Administration, Pune Division, Pune ]

5. The District Collector, Pune ] 6. Baramati Municipal Council, Baramati, Dist. Pune ] 7. Natraj Natya Kala Mandal, Baramati, Dist. Pune ]

8. Kiran Babanrao Gujar ] .. Respondents Mr. Sushant Sudhakar Prabhune, Advocate for the petitioner.

Mr.R.A. Thorat, Senior Advocate Special Counsel a/w. Mr.P.P. Kakade, GP a/w.

Ms. R.A.Salunkhe, AGP for respondent Nos. 1 to 5.

Mr. S.R. Nargolkar and Mr. Arjun Kadam, Advocate for respondent No.6.

Mr.Abhijit Kulkarni, Advocate for respondent Nos. 7 and 8.

CORAM : PRASANNA B. VARALE &

KISHORE C. SANT, J.J.

RESERVED ON : 26TH AUGUST, 2022. PRONOUNCED ON : 4th OCTOBER, 2022 J U D G M E N T [PER : KISHORE C. SANT, J.] : -

1. Rule. Rule made returnable forthwith, by consent of learned counsel for the respective parties.

2. This petition was initially filed as a Public Interest Litigation bearing PIL No.86 of 2021. Upon objection raised by learned counsel for respondent nos.1 to 5 and 6 that the petitioner has personal interest in allotment of the writ lands in his favour and pursuant to request made by learned counsel for the petitioner, this court (Hon’ble the Chief Justice & M.S. Karnik J.) vide order dated 20th December 2021 was pleased to allow conversion of Public Interest Litigation into a Writ Petition. PIL No.86 of 2021 is thus treated as Writ Petition bearing No.9498 of 2021.

3. The petitioner by way of this petition seeks relief of quashing Resolution No.18 dated 28th May 2021 passed by respondent no.6-Municipal Council, Baramati (“the Council”), whereby the Council has resolved to allot the writ lands admeasuring 3,408 sq.mtrs. in favour of respondent no.7- Natraj Natya Kala Mandal (“the Trust”). The petitioner further prayed for quashing of Resolution No.5 dated 12th July 2021 passed by respondent no.6- Council, whereby the Council has resolved to move an application for change of user in respect of the writ lands. The petitioner has further prayed for quashing of an order dated 18th August 2021 passed by respondent no.1-State granting approval to the proposal of respondent no.6-Council, thereby permitting allotment of land in favour of respondent no.7-Trust on a long term basis.

4. By way of amendment, the petitioner prayed for allotment of the writ lands bearing Survey Nos.908 to 914, situated at Baramati City for any of the public purposes, if at all the said lands are not required by respondent no.6-

Council in the foreseeable future either by public auction or by inviting tenders fro