Bombay High Court
M/S Universal Constructions ... vs The State Of Maharashtra And ... on 22 August, 2017
Bench: R.M. Borde
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wp3023.17.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3023 OF 2017
M/s Universal Constructions
A registered partnership firm
Through its partner
Mr. Devanand S/o Narayanrao Kotgire
age 51 years, occ. business
r/o Cloud Nine,
Chanakyapuri, Garkheda
Aurangabad Petitioner
Versus
1. The State of Maharashtra
Through Principal Secretary
Urban Development Department
Mantralaya, Mumbai
2. The Superintendent of Central Jail
hrsool Central Jail
Aurangabad 431 005.
3. The Deputy Superintendent of Central Jail
Harsool Central Jail
Aurangabad 431 005
4. The commissioner Police
Police Commissioner Office
Aurangabad 431 001.
5. The Municipal Commissioner
Aurangabad Municipal Corporation
Aurangabad 431 001.
6. The Deputy Director
Town Planning Department
Aurangabad Municipal Corporation
Aurnagabad 431 001. Respondents
Mr. C.S. Kulkarni, advocate for petitioner.
Mr. P.S. Patil, A.G.P. for respondents 1 to 4.
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Mr. J.R. Shah, advocate for respondents 5 and6.
CORAM : R.M.BORDE &
S.M. GAVHANE, JJ.
DATE : 22nd AUGUST, 2017
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Rule. Rule made returnable forthwith.
2. Heard finally with the consent of learned counsel for the
respective parties.
3. Petitioner is praying for issuance of directions to respondent
no. 5 to form a Committee within contemplation of order issued by
the State Government on 04.12.2013, comprising of the
Commissioner, Municipal Corporation, Commissioner of Police and
Deputy Superintendent of Central Jail, Aurangabad, to process the
application presented by petitioner for development in respect of
the properties situate within periphery of 500 mtrs. from the jail.
4. According to petitioner, the property which is sought to be
developed is situate within the periphery of 500 mtrs. from the
Central Jail, Aurangabad. Petitioner has tendered application
seeking development permission with the planning authority i.e.
respondent no. 5. However, as a result of failure of respondent no.
5 to form the Committee for tendering recommendation to the
planning authority in respect of grant of development permission,
the application has not been attended. Petitioner as such seeks
directions to respondent no. 5 to form a Committee with a view to
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render decision on the proposal tendered by petitioner for
development of the property. The Committee is required to be
formulated in observance of the directions issued by the State
Government on 04.12.2013. The Committee shall have to take
decision in respect of grant of development permission for the
properties situate within the periphery of 500 mtrs. from the
Central Jail, Aurangabad.
5. Respondent no. 5 as such is directed to constitute Advisory
Committee under the chairmanship of the Commissioner,
Municipal Corporation and, the Commissioner of Police,
Aurangabad and Deputy Superintendent of Central Jail,
Aurangabad shall be the members of the Committee. The
Committee shall be constituted under the directions of respondent
no. 5 - Commissioner, Municipal Corporation, within a period of 15
days from today and, the constitution of the Committee shall be
within the contemplation of order issued by the State Government
on 04.12.2013. Said Committee shall deal with the applications
tendered by petitioner in accordance with the order passed by the
State Government. The Committee shall take decision on the
application as expeditiously as possible, preferably within a period
of eight weeks from the date of its constitution.
6. Rule is accordingly made absolute. No costs.
( S.M. GAVHANE ) ( R.M.BORDE )
JUDGE JUDGE
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