Advocates:
['sushant sudhakar prabhune', 'GOVERNMENT PLEADER WRIT CELL', 'S R Nargolkar', 'ABHIJIT PURUSHOTTAM KULKARNI']

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.

1/71

WP-9498-2021-Final.doc

SNEHA

ABHAY

DIXIT

Digitally

signed by

SNEHA

ABHAY

DIXIT

Date:

2022.10.06

17:21:59

+0530

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

: 26

TH AUGUST, 2022.

PRONOUNCED ON : 4

th 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

2/71

WP-9498-2021-Final.doc

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 20

th 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 28

th 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 12

th 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 18

th 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 pe