RAKHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Issue involved in this petition is as to whether appeal filed by the petitioner, who is not an applicant under Sec. 44 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'MRTP Act') is maintainable under Sec. 47 of the MRTP Act.

(2.) The facts which are necessary for the sake of appreciation of the rival contentions are reproduced herein below.

(3.) Learned counsel for the petitioner submits that admittedly the petitioner is one of the joint owners of Gut No. 14 and it is his submission that in view of the relevant provisions of the Act and Rules framed thereunder, there could not have been any application entertained by the Planning Authority for sanction of layout unless the same has been made by all plots owners. By referring to the report submitted to the Appellate Authority it is pointed out that on application out of 53 plot owners no signatures of the owners of plot Nos. 43 and 47 are found. It is also argued that the predecessor of the petitioner has also not signed the said application. It is his submission that it is open for the planning authority to cause review of the order of sanction of layout since it is open for planning authority to revoke/ modify permission to development and as such application was moved by the petitioner. Since the same has been rejected by Corporation, it is open for the petitioner to challenge the said order so also the order of sanction of layout by filing appeal under Sec. 47 of the MRTP Act. He submits that since the Division Bench of this Court has granted leave to the petitioner to file appeal, an appeal filed under Sec. 47 of the Act ought to have been entertained and decided on merits by the authority.