PRAMOD VASANT BELSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners praying therein that the State of Maharashtra, to act upon its decision dtd. 16/1/2018 and to pass an order sanctioning the deletion of reservation shown on land bearing survey No. 87 situated at village Dighi, Tehsil- Haveli, District-Pune, and to further quash and set aside the letter dtd. 23/2/2018 issued by the State Government to Pimpri Chinchwad Municipal Corporation.

(2.) The Respondent No.1 is the Urban Development Department of the State of Maharashtra, being the Sanctioning Authority. The Respondent No.2 is the Pimpri Chinchwad Municipal Corporation being the Planning Authority and the Respondent No.3 is the Bharat Sanchar Nigam Limited being the Appropriate Authority.

(3.) The subject land was included in the municipal area of the Respondent No.2-Planning Authority. On 5/10/2000 the Draft Development Plan of the said municipal area was published, in which the subject land was proposed for reservation of Telecom Centre. The erstwhile owner of the subject land raised objections pursuant to which the Planning Authority conducted hearing on those objections. As per the recommendation of the Planning Authority, General Body of the Planning Authority passed a resolution No. 4830 on 10/2/2003 to delete the reservation on the said property and re-publish the draft development plan and send it to the Sanctioning Authority/State Government.