G B MAHAJAN Vs. JALGAON MUNICIPAL COUNCIL

JUDGEMENT

(1.) - Writ Petition No. 1825 was heard at length by the previous Division Bench alongwith Writ Petition number 1765 of 1988. At the request of the Petitioner, however, orders were not passed in this Writ Petition, until the final disposal of the Review Petition in Writ Petition number 1765 of 1988. This Review Petition has been disposed of by us yesterday.

(2.) IN this Writ Petition also, the scheme for construction of the shopping complex has been challenged as in Writ Petition 1765 of 1988. In the present Petition, the Collector, in exercise of his power under Section 308 of the Maharashtra Municipalities Act of 1965, has stayed the construction work. The Respondents filed a Revision Application under section 318 of the Maharashtra Muncipalities Act, 1965 in which, the minister for State for Urban Development, by his order dated 26th October, 1988, granted an ad-interim stay of the Collector's order, and further ordered that the Developer may proceed with the construction as per the existing Development Control Rules of the Municipal Council, Jalgaon at his own risk and costs. The Revision Application has been expediated.

(3.) THE contentions raised in this Petition are similar to the contentions raised in Writ Petition number 1765 of 1988. The issues relating to the Respondents and the Developer committing a breach of any existing development Control Rules or any provisions of any other law, does not survive since the Respondents, as well as the Developer have been granted permission only to carry out such construction as may be permissible under the Development Control Rules and in accordance with law. The other issues have been raised and argued when this Writ Petition was heard alongwith Writ Petition number 1765 of 1988.