BRIJLAL KALYANJIBHATE Vs. MUNICIPAL COUNCIL KHAMGAON

JUDGEMENT

(1.) The petitioners No. 1 to 3 claimed themselves to be owners of Field Survey Nos. 96/3 and 98/2 of Mouza Khamgaon within Khamgaon Municipal Town limits of Khamgaon Municipal council and they contended that in lieu of permission granted to them to develop open space in the sanctioned lay out, they surrendered the land for 60 ft. wide D.P. Road after its reservation had lapsed. However, later on Municipal Council has revoked that permission and hence said revocation is illegal. The prayer is to permit them to develop the open spaces. It is also their contention that after permission to develop was accorded, they have created third party interest in favour of petitioners No. 4 & 5. Respondent No.1 in the present matter is Municipal Council, Khamgaon through its Chief Officer while respondent No.2 is the Planning Authority functioning under provisions of Maharashtra Regional and Town Planning Act (hereinafter referred to as MRTP Act). We are also concerned with Maharashtra Municipal Councils Nagar Panchayat and Industrial Townships Act, 1965 (hereinafter referred to as Municipalities Act).

(2.) We have heard Shri Mohta, learned counsel for the petitioners on 6.6.2006 thereafter on 7.6.2006, 19.6.2006 and then on 22.6.2006. The matter was listed on 19.6.2006 and on that date, it was brought to our notice that petitioner No.2 has expired in the month of March 2006. Civil Application No. 3610 of 2006 to bring his legal heirs was moved on 22.6.2006 and it has already been allowed by separate order. On 19.6.2006, the residents of lay outs in which open spaces are provided also filed an application for intervention.

(3.) Petitioners No. 1 to 3 state that they are owners of field Survey Nos. 96/3 and 98/2 of Mouza Khamgaon and hence they wanted to develop the same by preparing lay outs. They applied for permission to convert said fields for non agricultural purposes and said permission was granted to them on 30.11.1976 and 19.6.1979 respectively by Sub-Divisional Officer, Khamgaon. They were permitted to prepare the lay out for residential purposes in these fields. The lay out accordingly prepared by the petitioners was sanctioned. The lay out also left open spaces for public utility and for roads as required by rules in this respect.