TOWN AND COUNTRY BOARD Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) HEARD Shri A. N. S. Nadkarni, learned Advocate General in support of Misc. Civil Application Nos. 406 and 407 of 2000 issued by the Town and Country Planning Board as well as Shri Coelho Pareira, learned Senior Advocate in support of Misc. Civil Application No. 381/2000. Shri Sonak, learned Advocate appearing in Writ Petition No. 71/2000 is also heard. The applications moved by the Board seek clarification with respect to the order passed by the Division Bench of this Court on 10th July, 2000 as well as on 26th June, 2000 in Writ Petition Nos. 71/2000 and 168/2000. That is also the prayer in M. C. A. No. 381/2000.

(2.) SHRI Nadkarni, learned Advocate General submits that though sentiments expressed by the Court in these orders are understandable, the order of 10th July, 2000 when it deals with lands other than tenancies is a little wider one. The submission of Shri Nadkarni, learned Advocate General is that there is no specific ban with respect to agricultural lands where there are no tenancies. With respect to the agricultural lands where there is tenancy, there is a specific ban. There is no such clear specific ban with respect to conversions from other agricultural lands. The conversion of those lands for other purposes has been permitted under the Land Revenue Code and hence as non-tenancy lands are concerned, the order requires to be modified. Shri Nadkarni, learned Advocate General has drawn our attention to the different tables which are annexed to these applications, pointing out the user of the land for different purposes and in his submission, the change from agricultural to non-agricultural as disclosed in Exhibit D is only to the tune of 25. 69 sq. kms. during 1990-2000.

(3.) THAT apart, the request of Shri Nadkarni, learned Advocate General is that the Town and Country Planning Board is an authority which is consisting of variety of experts and there is an arrangement to see to it that all interests are adequately represented. He, therefore, submits that as far as non tenancies are concerned, it is best to leave it to the Town and Country Planning Board to take necessary decision with respect to the conversions, if necessary.