Bombay High Court
Monito Export Pvt. Ltd vs State Of Maharashtra Thru Dept. Of Urban ... on 17 March, 2020
Author: R.I. Chagla
Bench: S.J. Kathawalla, R.I. Chagla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1671 OF 2020
Monito Export Pvt. Ltd.
Through its Director
Prashant Changdeo Ghumare ... Petitioner
Versus
State of Maharashtra & Ors. ... Respondents
......
Mr. Pradeep Dattajirao Dalvi, for the Petitioner.
Mrs. M.P. Thakur, AGP for Respondent - State.
Mr. Abhijit M. Adagule, for Respondent Nos.2 and 3.
......
CORAM : S.J. KATHAWALLA, &
R.I. CHAGLA, JJ.
DATE : 17TH MARCH, 2020 P.C. :
1. By an order dated 13th December, 2018, the Commissioner, Municipal Corportion of Kolhapur, was informed by the Under Secretary, Urban Development Department, Government of Maharashtra that the order passed by the Minister, U.D.D. was stayed by the Chief Minister. The Petitioner was informed about the same by a letter dated 8th Janury, 2019. The Petitioner has by the above Writ Petition challenged the said two communications dated 13 th December, 2018 and 8th January, ::: Uploaded on - 19/03/2020 ::: Downloaded on - 20/03/2020 06:15:53 ::: jsn 2 / 2 908-wp-1671-2020.doc 2019.
2. This Court, therefore, called upon the learned Assistant Government Pleader to show the provisions under which the Chief Minister is empowered to stay the order passed by the Minister, U.D.D. under Section 47 of the Maharashtra Regional Town Planning Act. The learned AGP after taking instructions, informed the Court that there is no provision in law, under which the Chief Minister is empowered to say the order passed by the Minister of State for Urban Development under Section 47 of the M.R.T.P. Act, 1966. Learned AGP has also submitted copy of letter dated 16th march, 2020 addressed by the Under Secretary, State of Maharashtra to the Municipal Commissioner, Kolhapur Municipal Corporation, withdrawing the order by the Chief Minister and directing the Corporation to take further action in the matter.
3. In view thereof, the order passed by the Chief Minister pursuant to which the Under Secretary had informed the Municipal Commissioner, Kolhapur Municipal Corporation not to proceed with any of the proceedings stands withdrawn and the Corporation shall be at liberty to take appropriate action in the matter.
4. Writ Petition is disposed of accordingly.
(R.I. CHAGLA, J. ) ( S.J. KATHAWALLA, J. )
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