CHALISGAON MUNICIPAL COUNCIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondent Nos.1,3,4 to 6 waive service. By consent, rule made returnable forthwith.

(2.) The petitioners have filed this writ petition under Article 226 of the Constitution of India, claiming a declaration that Section 49(7) and Section 127 of The Maharashtra Regional and Town Planning Act, 1966 (For short, the M.R.T.P. Act, 1966) are ultravires Article 14, 19(1)(g), 21, 21A, 47 and 243(w) of the Constitution of India and therefore, are liable to be struck down. They also claim a writ of certiorari or any other writ or direction to quash and set aside the communications dated 23/02/2010 and 17/04/2010, directing petitioner No.1 to deposit 2/3rd amount of the compensation in respect of a proposed land acquisition. Prayer clause 'D' of the writ petition reads as under :

(3.) The few facts, which are necessary to consider the submissions of Mr.Dhorde, the learned Senior Advocate, appearing for the petitioners are that the respondent No.1 is a Local Authority within the meaning of Section 2(20) of the Maharashtra Municipal Council and Nagar Panchayats and Industrial Townships Act, 1965. It is also a Planning Authority u/s 2(19) of the M.R.T.P. Act, 1966. Petitioner No.2 is a resident of Chalisgaon Town. Respondent No.1 is the State of Maharashtra whereas respondent Nos. 3 to 6 are the Authorities under the M.R.T.P.Act, 1966 and the Collector of the District. We do not see any reason for respondent Nos. 2 and 7, being impleaded as party respondents in this writ petition. Be that as it may, what has been alleged is that being a Planning Authority, petitioner No.1 has to take steps to maintain the municipal area by properly planning it and ensuring development of the same. The Municipal Council has certain powers and obligations, which it has to carry out and for which funds are required. These are generated in the manner set out in paragraph Nos. 2 and 3 of the writ petition.