MRS. VANDANA SINGH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and the petitions are heard finally by consent.

(2.) Heard Mr. Godbole, learned counsel for the petitioners, Mr. Kumbhakoni, learned senior counsel for the Corporation and Mrs. M. P. Thakur, learned AGP for the State.

(3.) The petitioners in writ petition Nos.7946 of 2014 and 8717 of 2016 seeks to challenge the order/minutes of the meeting dated 14th July, 2014, to the extent of allotting land of amenity space admeasuring about 4000 square meters out of the land bearing survey No.30 situated at village- Kondhwa, Budruk, Pune, for the purpose of crematorium. The challenge is mainly on the ground that since the said decision is taken without hearing the petitioners, the amenity space cannot be allotted for the purpose of crematorium and there is no sanction of the Municipal Corporation for the said decision. The respondent - Corporation by filing affidavits in writ petition No.7946 of 2014 justified the impugned decision. During the pendency of writ petition No. 7946 of 2014, the Corporation passed resolution No.45 dated 20th April, 2015, granting permission for development of crematorium on the said plot under Section 321 of the Maharashtra Municipal Corporations Act. The petitioner in writ petition No.7946 of 2014, thereafter, filed a fresh writ petition No.1335 of 2016 challenging the said resolution of the Corporation dated 20th April, 2015.