HARI KRISHNA MANDIR TRUST Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition, the petitioner assails the order passed by respondent No. 1 on 3rd May, 2006. Notice before admission was issued to the respondents. Counter affidavits have been filed and the matter has been heard for final disposal.

(2.) The facts leading to filing of this petition as narrated by the petitioner, are:

(3.) The property, which is the subject-matter of the writ petition, originally belonged to one Thorat family. One Mrs. Krishnabai Gopalrao Thorat sold the property comprising Final Plot No. 473 and 473-B admeasuring 4910 sq. mtrs. on 29th December, 1956 in favour of Swami Dilipkumar Roy and Mrs. Indira Devi by a registered Sale Deed. This property was later on transferred on 12th March, 1997 to the petitioner Trust. Final Plot No. 473, according to the petitioner, had been divided into four plots being Final Plot Nos. 473-B1, 473-B2, 473-B3 and 473-B4. The order of division of this plot was passed on 20th August, 1970. From 4th March, 1986 the name of respondent No. 3, namely, Pune Municipal Corporation, was shown as the owner with respect to an internal road, which originally was part of the plot. The petitioner further contends that by letters dated 29th June, 1996, 4th January, 1997 and 18th January, 1997 the Town Planning Department admitted and accepted the facts that the internal road has never been acquired by the Pune Municipal Corporation. They also admitted, according to the petitioner, that the Pune Municipal Corporation was wrongly shown and the road was not held by the Pune Municipal Corporation. The Town Planning Scheme No. 1 was sanctioned on 5th July, 1979 by which Final Plot No. 473-B have been shown to have been divided into Final Plot Nos. 473-B1, 473-B2, 473-B3 and 473-B4 and in addition to that another approach road had been shown. No separate number was given. On 25th April, 2000, respondent No. 1 through the Urban Development Department directed respondent Nos. 3 and 4 to cancel the internal road for which the Pune Municipal Corporation's name is shown in the layout of the Final Plot No. 473-B and to merge its area in the adjoining sub-plots. The Municipal Commissioner was approached for variation in the plan and on 6th July, 2001 he invited objections, which was published in Government Gazette on 23rd August, 2001. Notice was again issued on 8th September, 2004 and was published in Government Gazette on 16th September, 2004. Similar notice was also published in daily newspaper on 29th October, 2004. The Resolution No. 611 was passed on 23rd March, 2007 by the General Body of respondent Nos. 3 and 4 resolving that they would not claim any right in respect of Final Plot No. 473-B4. On 7th April, 2006, after conducting enquiry the Municipal Commissioner wrote a letter to respondent No. 1 and respondent No. 2 and proposal was submitted for approval for making the variation in respect of Town Planning under the provisions of the Maharashtra Regional and Town Planning Act. Respondent Nos. 1 and 2 passed the impugned order and refused to give sanction for making modification under the provisions of section 91 of the Maharashtra Regional and Town Planning Act. Therefore, the writ petition.