JAYSINGH REVAJI PATIL vs THE MUNICIPAL CORPORATION MALEGAON AND ORS

Judgment text excerpt

apn 8-aswp-13770-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13770 OF 2024 Jaysingh Revaji Patil Age: 70 years, Occ: Business, Having address at Hotel Pritam, Mosam Bridge, Old Mumbai Agra Road, Sangmeshwar, Malegaon, District: Nashik … Petitioner. V/s. 1. The Municipal Corporation, Malegaon through its Commissioner. 2. Kamlakar Shankar Pawar Age : 57 years, Occ: Builder/ Developer R/o. Gagangiri Complex, Ekatmata Chowk, Camp Road, Tal. Malegaon, Dist. Nashik. 3. Deputy Commissioner and Town Planning Development Officer, Malegaon Municipal Corporation, Malegaon, District: Nashik. 4. Sambhaji Fula Ahire Age: 48 years, Occ: Agriculturist, Jay Matadi Automobile, Mosam Pool, Old Agra road, Sangmeshwar, Tal. Malegaon, District : Nashik …Respondents. Mr. Alankar Kirpekar a/w. Adv. Ayush Tiwari, Adv. Sanjay Shinde for the Petitioner. Mr. A.A. Alaspurkar, AGP, for the Respondent-State. Mr. Shrinivas S. Patwardhan a/w. Adv. Akshay Hardas for the Corporation. Digitally signed by ASHWINI H 1/5 ASHWINI GAJAKOSH H Date: GAJAKOSH 2025.01.21 18:29:14 +0530 apn 8-aswp-13770-2024.doc CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 13th January, 2025. PRONOUNCED ON : 21st January, 2025. JUDGMENT (Per Kamal Khata, J.):- 1) The short question that arises for our consideration in this Writ Petition filed under Article 226 and 227 of the Constitution of India is that: “Whether a tenant of a structure can challenge the issuance of notice by the Corporation under Section 52 and 53 of the Maharashtra Regional Town Planning Act, 1966 (“MRTP Act”)”. 2) The Petitioner seeks the following prayers. “a. That Rule be issued and record be called for; b. That on perusal of the same and on further hearing to the Petitioner, this Hon’ble High C