BALAJI Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the Petition is taken up for final disposal at admissions stage.

(2.) The Petitioner claiming to be social worker, has filed this Petition seeking declaration that the construction of commercial complex, namely, Ranjeet Singh Market and Bindu Mangal Karyalaya on Survey No. 1803 at Nanded admeasuring 51,312 Sq. Ft. carried out by Respondent Nos. 6 and 7 (hereafter referred as "concessionaires") is illegal and unauthorized. Petitioner wants that the Respondent Authorities should demolish the structure and the 'concession agreement' dated 30th November 2012 executed by Respondent No. 4 with Concessionaires be held to be illegal and void ab initio. The Petitioner is questioning the authority of Respondent No. 4 who signed the agreement as Deputy Commissioner and wants a departmental inquiry to be held against him. Petitioner has prayed that Concessionaires be black listed and there should be recovery of penalty/lease amount as they have not completed construction in 48 months from 30th November 2012 as per clause 4.4.1.1 of the tender document.

(3.) We have heard the learned counsel for the Petitioner. Respondent Nos. 2, 3 and 5 have filed affidavit in reply of the Town Planner, dated 14th January 2016. The Concessionaires have also filed affidavit in reply dated 14th December 2015. We have heard learned counsel for Respondents also.