2022:BHC-AS:6662-DB Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5382 OF 2019

1. Suhas Shridhar Shahane, Age about 63 years, Occupation : Business / Agri.

R/o. Bilwadal Bungalow, Near Natraj Mandir, Satara - Koregaon Road, Krushnanagar, Satara - 415 003.

2. Subhash Kondiram Sawant, Age about 72 years, Occupation : Business / Agri., R/o. Kodoli, Degaon Phata, Kodoli, Tal. & District: Satara. .. Petitioners.

Versus

1. The State of Maharashtra, Through its Secretary, Urban Development Department, Mantralaya, Mumbai.

2. The Collector, Satara, Having office at Collector Compound, Powai Naka, Satara.

3. The Additional Collector, Satara, Having office at Collector Compound, Powai Naka, Satara.

4. Assistant Director, Town Planning, Satara.

Office: 1st floor, Zilla Parishad Extension Building, Satara.

5. Regional Planning Committee @

Assistant Director, Town Planning Regional Project, Satara.

Office: 217, Raviwar Peth, Sahakar Vaibhav, District Marketing office Building, 1st floor, Market Yard, Satara. .. Respondents.

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 Mr. G.S. Godbole a/w. Mr. Dilip Bodake, Advocates for the Petitioners.

 Ms. Shruti D. Vyas, 'B' Panel Counsel for the Respondent Nos.1 to 5.

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CORAM : S. J. KATHAWALLA &

MILIND N. JADHAV, JJ.

DATE : 23 MARCH, 2022.

JUDGMENT (Per : S.J. Kathawalla & Milind N. Jadhav, JJ.)

. By the present petition, the Petitioners have prayed for the following reliefs:

"(b) This Hon'ble Court be pleased to issue the Writ of Mandamus or Certiorari or any other appropriate Writ/ Direction/Order in the nature of Writ of Mandamus or Certiorari under Article 226 of the Constitution of India, (i) be pleased to hold and declare that the Rule M-3 of Development Control and Promotion Regulations for Satara Region in Notification No.TPS-1917 /1585/C.R.150/17/UD-13 dated 08.01.2018 published by the Government of Maharashtra, Urban Development Department, Mantralaya, Mumbai which is subsequently published in Government Gazette, Part 1, Pune Divisional Supplement dated 08 to 14.02.2018 is ultra-vires and contrary to the provisions of Maharashtra Regional and Town Planning Act, 1966 and Regional Planning Board Regulations, 1967 and Rules made there under and the same may be struck down;

(ii) be pleased to quash and set aside the letter /

communication dated 24.08.2018 bearing No. P.Y. Satara/Report/Non Agricultural/SCC/2666 issued by the Assistant Director, Town Planning, Satara i.e.

Respondent No. 4;

(iii) be pleased to quash and set aside the order/letter dated

19.12.2018 bearing No. MH/3/J/G/N.A./SR-14/17 passed by the Additional Collector, Satara i.e. Respondent No. 5 and further direct the Respondents to allow the Petitioners proposal dated 14.03.2017 submitted u/sec. 44 of the Maharashtra Land Revenue Code, 1966."

2. The Petitioners are owners of agricultural land bearing Gat No.268 admeasuring 66 Ares in Village Shirval, Taluka - Khandala, District - Satara ("the said land").

3. The Petitioners have challenged the letter dated 24.08.2018 issued by the Respondent No.4 - Assistant Director - Town Planning, Satara ("ADTP") rejecting the Petitioners' proposal for conversion of the said land from agricultural user to non-agricultural user and the letter dated 19.12.2018 issued by the Respondent No.3 - Additional Collector, Satara rejecting the Petitioners' applications for development of the said land. The Petitioners have further challenged Modification - M-3 of the Development Control and Promotion Regulations ("DCPR") for Satara Region issued vide Notification No.TPS-1917/1585/C.R. 150/17/UD-13 dated 08.01.2018 published by the Government of Maharashtra, Urban Development Department in the Schedule appended to the notification as being ultra-vires and contrary to the provisions of the Maharashtra Regional and Town Planning Act, 1966 ("the said Act") and the Rules made thereunder read with the Regional Planning Board Regulations, 1967.

4. Before we advert to the submissions made by the Adv