VINAY UTTAMCHAND PARAKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule in both petitions. The learned counsel for the respective Respondents waive service. Heard finally by consent of the parties.

(2.) Both these petitions raise a common challenge. As such, they are being disposed of by this common judgment.

(3.) The challenge in these petitions, under Article 226 of the Constitution of India, is to the constitutional validity of the Government Resolution dtd. 5/4/2017 and condition No. 4 in respect of EP-66 in Schedule of modification in Government Resolution dtd. 10/8/2004. The specific challenge is that the condition No. 4 in respect of EP-66 by which the land owners are required to surrender/hand over the land under the development plan road (DP Road) with the construction thereon, to the Municipal Corporation, free of cost, at the time of seeking development permission, is violative of Article 300-A of the Constitution of India.