KISHOR N LULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner challenges the order passed by the Appellate Authority viz., State of Maharashtra dated 13th June, 2007 confirming notice which has been issued on 31st August, 2004 and a copy of which is annexed as Exh.D to the petition.

(2.) The Ulhasnagar Municipal Corporation invoked Section 56 of the Maharashtra Regional and Town Planning Act (M.R.T.P. Act) and stated therein that the Chief Officer of the erstwhile Municipal Council approved the plan for additions and alterations of Shop No. 829 for the purpose of development to the extent of 33.69 sq.mtrs. on 20th January 1972 on each of the floor of ground plus upper floor structure. The report of the Junior Engineer is referred to in the notice and thereafter, it is stated that the petitioner was authorised to use the property to the extent indicated therein. However, the sanctioned development plan came into force with effect from 1st July 1974 and having regard to the said plan, petitioner s property, more particularly described in the notice, is completely affected by the designated purpose of 35 feet wide road. In such circumstances, his authorised use in this property at "U" No. 179, Sheet No. 63 as per building plan offends the provisions of sanctioned Development plan of 1974. However it is expedient in the interest of proper planning of 35 feet public street leading from Suri Chowk to E.S.I. Hospital (including interest of amenities) having regard to the sanctioned development plan of 1974, the use of his land for commercial purpose should be discontinued and the ground plus upper floors be removed.

(3.) The notice stated that in the event petitioner failing to comply therewith, the Corporation would be constrained to remove the structure at its cost.