SIRUR MUNICIPAL COUNCIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition under article 226 the municipal council of Sirur seeks to challenge the allotment of the land comprised in reserved site No. 57 in the development plan by the State Government to respondent No. 2 Shri ramalinga Co-operative Industrial Vasahat, society.

(2.) THE petitioner municipal council is established as per the provisions of section 8 of the Maharashtra Municipalities Act, 1965. In 1979 the petitioner published a draft development plan for the municipal area of Sirur in accordance with section 33 of the Maharashtra Regional Town planning Act, 1966 ( the Act , for short ). Under the draft plan site No. 57 is reserved for municipal industrial estate. The area of the said site in hectare is 7. 94. This site consists of two lands which are revenue survey Nos. 1130 and 47. The draft development plan was submitted to the state Government for its sanction along with report prepared by the town planner. So far as the reservation of site No. 57 as municipal industrial estate is concerned, the report reads as under :

(3.) ON September 27, 1983 the State Government sanctioned the said draft development plan submitted by the petitioner municipal council. As per the sanction granted by the Government, the plan became operative from December 1, 1983. In the meanwhile, on February 5, 1981 the State government issued a notification dissolving all the municipal councils in the State including municipal council of Sirur. At that time the statutory tenure of Sirur municipal council was already over. After the said notification, the authority, powers and functions of the municipal council vested in the administrator who was appointed by the State Government.