HIGH COURT OF BOMBAY
DT HEMANTSINGH@RAJENDRA MOHANSINGH RAJPUT – Appellant
Versus
THE STATE OF MAH AND ORS – Respondent
WP 1616/2012
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1593 OF 2012
(Shashikant Madhavrao Desale and another Vs. State of Maharashtra
and others)
WITH
WRIT PETITION NO.1616 OF 2012
(Dr.Hemantsingh @ Rajendra Mohansingh Rajput Vs. The State of
Maharashtra and others)
Mr.A.P.Bhandari and Mr.D.P.Palodkar, Advocate for the petitioners.
Mr.Y.G.Gujrathi, AGP for respondent No.1.
Mr.J.R.Shah, Advocate for respondent No.2.
Mr.A.S.Bajaj, Advocate for respondent No.3 in WP 1593/2012 and for
respondent No.4 in WP No.1616/2012.
Mr.S.B.Gastagar, Advocate for respondent No.4 in WP No.1593/2012
and for respondent No.5 in WP No.1616/2012.
Mr.A.R.Vaidya, Advocate for respondent No.3 in WP No.1616/2012.
( CORAM : RAVINDRA V. GHUGE AND
SUNIL K. KOTWAL, J.J.)
DATE : 05/12/2017
PER COURT :
1.
These matters were heard for some time. Since Section 52A
was introduced as an amendment to the Maharashtra Regional Town
Planning Act, 1966, the petitioners are agreeable to move a proper
representation by following the due procedure inclusive of seeking
the no objection of the CIDCO and the Aurangabad Municipal
Corporation for considering their request for regularization of the
construction, which is under objection.
khs/DEC. 2017/1593
2
2.
Learned AGP places on record the Government Resolution
issued by the State of Maharashtra through the Urban Development
Department dated 07/10/2017 and contends that the notification
dated 07/10/2017 has led to the finalization of the Maharashtra
Town Planning (Compounded Structures) Rules, 2017. He, therefore
submits that the proposals to be submitted by these petitioners by
following the due procedure, would be considered as per the said
Rules, especially Rule 9 and can be decided within the time frame.
3.
Considering the above, both these petitions are disposed of
with liberty to the petitioners as follows :
[a]
The petitioners shall move applications by following the due
procedure, before the Appropriate Authorities for seeking appropriate
orders for regularization of their structures under objections.
[b]
The Competent Authorities shall consider the effect of Section
52A and the Rules of 2017 while dealing with the applications of
these petitioners and shall decide the said applications strictly in
accordance with the provisions of the MRTP Act and 2007 Rules
framed u/s 52A, within a period of 6 months.
[c]
Needless to state, the Corporation may publish an
advertisement as is prescribed in the Act and Rule 9 for seeking
applications from the General Public for regularization/compounding
khs/DEC. 2017/1593
3
of structures under objections and in the event of any persons,
inclusive of these petitioners, making such applications, all the cases
shall be considered in accordance with the Act and the Rules, on
their own merits.
( SUNIL K. KOTWAL, J. )
( RAVINDRA V. GHUGE, J.)
khs/DEC. 2017/1593
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