Case Note & Summary
The petitioner, Nivrutti Sopan Waghmode, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 27-12-2009 passed by the Collector, Nashik under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. By that order, the Collector stayed a resolution of the Standing Committee of respondent No.1 (the Municipal Council) which had allotted a plot of land to the petitioner for putting up a shed to carry out his business as a stamp vendor. The High Court observed that under Section 308(2) of the Act, it is necessary for the Collector to form his own opinion before exercising the power to stay. The court found that the Collector had not formed his own opinion and had not given any opportunity of hearing to the petitioner before passing the stay order. Consequently, the court held that the impugned order could not be sustained and set it aside. The petition was allowed, and the Collector was directed to decide the matter afresh after giving an opportunity of hearing to the petitioner.
Headnote
A) Municipal Law - Allotment of Land - Section 308 Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Collector's Power to Stay Resolution - The Collector must form his own opinion and provide a hearing before staying a resolution of the Standing Committee allotting land; failure to do so renders the order invalid. (Para 3) B) Natural Justice - Right to Hearing - Section 308(2) Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The Collector's order staying the allotment was set aside as the Collector did not form his own opinion and did not give an opportunity of hearing to the petitioner. (Para 3)
Issue of Consideration
Whether the Collector's order under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 staying the allotment of a plot to the petitioner was valid without the Collector forming his own opinion and without affording a hearing to the petitioner
Final Decision
The petition is allowed. The impugned order dated 27-12-2009 passed by the Collector, Nashik is quashed and set aside. The Collector is directed to decide the matter afresh after giving an opportunity of hearing to the petitioner.
Law Points
- Section 308(2) of Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965 requires the Collector to form his own opinion and provide a hearing before staying a resolution of the Standing Committee
- Collector's order dated 27-12-2009 set aside for non-compliance with natural justice
