VITHAL RAMCHANDRA DEVKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two petitioners have filed this petition as public interest litigation. Petitioner No. 1 was the Member of the Rahuri Municipal Council-Respondent No. 4 at the relevant time. He was a nominated independent Member of the Municipal Council. While petitioner No. 2 was the permanent resident of Rahuri, a town situated in Ahmednagar district.

(2.) THE petitioners have contended that respondent No. 3 Shri L. R. Bihani who has expired during the pendency of the writ petition (and now his Legal Representatives are brought on record) was running cinema theatre, known as Usha Chitra Mandir, in CTS No. 417 of Rahuri. It was a quasi permanent building.

(3.) THE petitioners have contended that the development plan of Rahuri under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as, "the M. R. T. P. Act") was sanctioned on 17th September, 1976, was published under the Government Notification, Urban Development and Public Health Department, and the same came in force on 1st November, 1976. Chapter VI of the Report of the said Development Plan deals with the regulations for controlling the houses and development of the area within the Municipal Limits of Rahuri and the same is also known as the Existing Development Control Rules for Rahuri.