No action against petitioners until then
Lokmat News Network
Chhatrapati Sambhajinagar: Different authorities are claiming that the Jalna Road, from Seven Hill to Ambassador Hotel, is 30 meters, 45 meters and 60 meters wide.
Adv Sambhaji Tope, representing the Chhatrapati Sambhajinagar Municipal Corporation (CSMC) informed the Aurangabad bench of Bombay High Court on Tuesday that since this created confusion, an affidavit would be filed after holding a joint meeting of the CSMC, Cidco and MIDC to fix the exact width of this part of the road. They will also take a piece of advice from the State Government for this purpose.
Adv Tope assured petitioners about not taking action against them until the next hearing. The petitioners-M/s Aboli Advisors (Infinity Infra Business Centre), M/s M W Mishrikotkar (Arihant Motors), Meghdoot Resorts (Atithi Hotel) and Jitendra Jain (Jyotirmay Complex) have construction permission and occupancy certificates.
The HC Bench comprising Justice Manish Pitale and Justice Y G Khobragade placed the next hearing on the petitions on August 20.
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CSMC argument
The width of the Jalna road located to the South of the petitioner's properties is shown as 60 meters wide in the development plan of Cidco. The width of the road in the earlier development plan approved by the civic body is 45 meters.
The width of this road in the development plan of MIDC is 30 meters. The petitioners stated in the petition that it is necessary to hold a meeting with Cidco and MIDC to clarify this. Adv Tope requested the court to give time to submit the affidavit in this case.
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Arguments of petitioners’ lawyer
Adv Devdatt Palodkar who appeared for the four petitioners, argued that the properties of his clients (petitioners) were not affected by the widening of any road in the draft development plan. The design has been changed in the plan submitted to the Government.
If the road design is to be changed at the Government level, then suggestions and objections have to be invited as per Section 31 of the Maharashtra Regional Town Planning Act.
Since no such process was implemented, it cannot be said that the Government has approved the changed road design.
It is necessary to get clarity from Cidco, MIDC as well as the Urban Development Department of the Maharashtra Government in this regard.
Chief Public Prosecutor Amarjit Singh Girase informed the HC bench that if the CSMC sends any kind of correspondence in this regard, it would be given an immediate and appropriate response.
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Hearing on 4 petitions next Thursday
The petitions filed by Ramgiri Hotel on Jalna Road, Mansingh Pawar's Ratnaprabha Motors, Dr Badrinarayan Bagla and other property owners will be heard in the court on coming Thursday. Adv Deodatt Palodkar and adv Anil Bajaj are working for the petitioners.