Case Note & Summary
The petitioner, Suresh Devikisan Oza, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the deletion of his name from the record of Town Planning Scheme No.1 in respect of final plot no.746/2 at Shrirampur. He sought a declaration that the deletion was illegal and arbitrary, and a direction to respondent nos.1 to 4 to hand over vacant possession of the plot admeasuring 340 square meters to him, in compliance with the order dated 01.05.2011 passed by respondent no.3, the Arbitrator for the Town Planning Scheme. The petitioner also sought inclusion of his name in the final scheme and a writ of prohibition against the respondents from taking any steps contrary to the Arbitrator's order. The court heard the parties and, by consent, disposed of the petition finally. The court found that the deletion of the petitioner's name was without proper justification and that the Arbitrator's order for possession was valid. Consequently, the court allowed the petition, directing the respondents to hand over possession of the plot to the petitioner and to include his name in the final town planning scheme.
Headnote
A) Town Planning - Deletion of Name from Scheme - Arbitrator's Order - The petitioner challenged the deletion of his name from the final town planning scheme in respect of final plot no.746/2, Shrirampur, and sought possession as per the Arbitrator's order dated 01.05.2011. The court held that the deletion was illegal and arbitrary, and directed the respondents to hand over possession to the petitioner. (Paras 1-3)
Issue of Consideration
Whether the deletion of the petitioner's name from the record of town planning scheme in respect of final plot no.746/2 is illegal and arbitrary, and whether the petitioner is entitled to possession of the plot as per the Arbitrator's order.
Final Decision
The court allowed the petition, declaring the deletion of petitioner's name from the record of town planning scheme in respect of final plot no.746/2 as illegal and arbitrary. Directed respondent nos.1 to 4 to hand over vacant possession of final plot no.746/2 to the petitioner in view of the order dated 01.05.2011 passed by respondent no.3. Also directed inclusion of petitioner's name in the final town planning scheme in respect of final plot no.746/2.
Law Points
- Town Planning Scheme
- Deletion of Name
- Arbitrator's Order
- Final Plot
- Possession
- Maharashtra Regional and Town Planning Act
- 1966
Case Details
2013 LawText (BOM) (03) 16
WRIT PETITION NO.921 OF 2012
Mr.R.N.Dhorde, Senior Counsel i/by Mr.V.R.Dhorde, advocate for the petitioner; Mrs.A.V.Gondhalekar, A.G.P. for Respondent Nos.1 to 3; Mr.V.S.Bedre, advocate for Respondent No.4; Mr.V.D.Hon, advocate for Respondent No.5; Mr.K.B.Autade, advocate for Respondent No.6; Mr.V.D.Sapkal, advocate for Respondent No.7
The State of Maharashtra, The Director of Town Planning, The Arbitrator Town Planning Scheme No.1 Shrirampur, The Municipal Council Shrirampur, M/s The Godavari Sugar Mills Ltd., M/s Sai Shradha Construction, Sunil s/o Charandas Hazare
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Nature of Litigation
Writ petition challenging deletion of name from town planning scheme and seeking possession of final plot.
Remedy Sought
Declaration that deletion of petitioner's name from record of town planning scheme is illegal; direction to hand over vacant possession of final plot no.746/2; direction to include petitioner's name in final scheme; writ of prohibition against taking steps contrary to Arbitrator's order.
Filing Reason
Petitioner's name was deleted from the record of town planning scheme in respect of final plot no.746/2, and the Arbitrator's order for possession was not implemented.
Previous Decisions
Arbitrator passed order on 01.05.2011 for possession of final plot no.746/2 in favor of petitioner.
Issues
Whether deletion of petitioner's name from town planning scheme record is illegal and arbitrary.
Whether petitioner is entitled to possession of final plot no.746/2 as per Arbitrator's order.
Submissions/Arguments
Petitioner argued that deletion of his name was illegal and arbitrary.
Respondents opposed the petition, but details not provided in text.
Ratio Decidendi
The deletion of the petitioner's name from the town planning scheme record was without proper justification and contrary to the Arbitrator's order, hence illegal and arbitrary. The Arbitrator's order for possession is binding and must be implemented.
Judgment Excerpts
Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
The petitioner is requesting for issuance of a declaration that deletion of his name from the record of town planning scheme no.1 in respect of final plot no.746/2, situate at Shrirampur, while finalising town planning scheme no.1, is illegal and arbitrary.
Procedural History
The petitioner filed Writ Petition No.921 of 2012 before the Bombay High Court, Aurangabad Bench. The court heard the matter on 12th February 2013 and pronounced judgment on 7th March 2013.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966:
