Friday, September 22, 2023

Bombay High Court dispose PIL challenging resolution of corporation extending the width of the road

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The Bombay High Court disposed of a Public Interest Litigation (PIL) filed challenging the resolution of the Corporation extending the width of the road.

The PIL has been filed by Owala Gavthan Gramshtan Sangharsh Samittee.

While considering the PIL , the Division Bench of Acting Chief Justice S.V.Gangapurwala and Justice Sandeep V. Marne noted that the resolution is passed by the Corporation for minor modifications under Section 37(2) of the Maharashtra Regional Town Planning Act, 1966 and for grant of final sanction, the same is to be forwarded to the State Government.

The petitioner may raise objections before the State Government as may be permissible under law , the Court observed.

Further the Court noted that it does not appear that final notification has been issued by the State Government sanctioning the minor modifications referred under Section 37(2) of the Act of 1966.

The Court granted liberty to the petitioner to raise objections if the draft notification is issued by the Government and if final notification is issued.

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