LAWS(BOM)-2019-3-251

RAJENDRA Vs. STATE OF MAHARASHTRA AND ORS.

Decided On March 29, 2019
RAJENDRA Appellant
V/S
State of Maharashtra And Ors. Respondents

JUDGEMENT

(1.) By consent of the learned Counsels appearing for the parties, the matter is finally heard, as it was admitted on 18th September, 2017.

(2.) The petition challenges the communication dated 05/06/2006 rejecting the application of the petitioner filed under Section 44 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as 'Code' for the sake of brevity) for grant of permission to convert the agricultural land for non-agricultural use. The reason assigned is that the petitioner has failed to obtain 'no objection certificates' from the Town Planning Department as well as from the Tahsildar Ramtek.

(3.) According to the petitioner, the application dated 01/03/2006 in the prescribed form for grant of permission under Section 44(1)(a) of the Code was submitted in respect of land Survey No. 34/1, Tahsil Ramtek, District Nagpur and in terms of subsection (3) of Section 44 of the Code. If such application is not decided within a period of 90 days, the permission is deemed to have been granted. According to the petitioner, the period of 90 days expired on 02/06/2006 and the order of rejection was passed on 05/06/2006. Reliance is placed upon the decision of the Division Bench of this Court in the case of Ganesh Ginning and Pressing Company Ltd. Jalna vs. State of Maharashtra and others. reported in 2005(4) Mh.L.J. 263.