NIVRUTTI SOPAN WAGHMODE Vs. COLLECTOR NASHIK

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India, takes exception to the order dated 27-12-2009 passed by the Collector, Nashik in exercise of the power under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act 1965 (for brevities sake referred to as the said Act).

(2.) By the said order, the resolution by the Standing Committee of respondent No.1 of allotting the plot of land to the petitioner for putting up a shed to carry out his business of stamp vendor was stayed by the Collector.

(3.) It is unnecessary to burden this judgment with elaborate facts, suffice it to say that under Section 308(2) of the said Act, it is necessary for the Collector to form his own opinion as to why a particular resolution passed by the Municipal Council warrants action under Section 308 of the said Act. Perusal of the impugned order indicates that no such reasons have been mentioned by the Collector in the said order. The Collector has merely referred to the reference made by the Chief officer of the Municipal Council Yeola, stating that the resolution passed by the Standing Committee is illegal. A reading of Section 308 of the said Act postulates that the Collector has to form his own opinion as to why interdiction under Section 308 is warranted against the resolution of the Council. The reasons have to find place in the order as the order has to be then communicated to the Council containing the said reasons.