KISHAN KEDIA Vs. STATE OF MAHARASHTRA & OTHERS

JUDGEMENT

(1.) We have heard the learned counsels for the parties.

(2.) In view of the order that is being proposed to be passed we do not consider it necessary to burden this order by a detailed recital of the voluminous facts. Suffice it will be to notice that under the Development Plan in question (under Maharashtra Regional and Town Planning Act, 1966) for residential zones (5.6.3.1) a 30 meters Green Belt from the high flood level on both banks of Indrayani River was proposed. The Development permission as well as N.A. permission granted to the appellant was in a fact situation where the high flood level line was not drawn. When the matter reached the table of the Departmental Minister by way of appeal against an intermediary order passed by the Divisional Commissioner, the State Government by a very exhaustive order set aside the order of the Divisional Commissioner and allowed the appeal of the appellant. However, in paragraph 3 of the operative order, details of which are noticed below, the State Government constituted a Committee to consider the question of drawing the highest flood line and on that basis to take further action as may be necessary under the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act")

(3.) It appears that pursuant to the aforesaid direction, the Committee submitted its report on 28th August, 2008 which is adverse to the appellant. The same was accepted by the Government on 29th January, 2009. It is at this stage that the appellant moved the High Court. The High Court by means of the order under challenge had caused a remand of the matter to the Collector for a fresh consideration of the matter uninfluenced by any of the facts and events that had occurred earlier.