C I D C O Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-10-2
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on October 06,2017

C I D C O Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.D.DHANUKA, J. - (1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting aside the impugned order dated 23rd June, 2004 passed by the learned Minister for Revenue, Government of Maharashtra, in File No. LAQ 3940/2001/1582/Case No.181/A-1 and a notification dated 20th July, 2004 issued by the Divisional Commissioner Aurangabad dropping the land acquisition proceedings to the extent of Gat No.124/1 of village Satara, Taluka and District Aurangabad. Some of the relevant facts for the purpose of deciding this petition are as under :
(2.) The petitioner is appointed as New Town's Development Authority under section 113-A of the Maharashtra Regional and Town Planning Act (for short, "the said M.R.T.P. Act"). Vide three notifications dated 30-10-1972, 3-2-1973 and 4-5-1973, the State Government appointed the petitioner as special planning authority for development of the notified area of new Aurangabad. The land bearing Gat No.124/1 of village Satara, which is subject matter of this petition, falls within the notified area under the said three notifications as per provision of section 40(1)(4) of the said M.R.T.P. Act for the development of Aurangabad notified area.
(3.) The petitioner carried out survey and prepared one existing land use map of the said notified area and published the draft proposal for the development of lands within its jurisdiction by publishing a public notice in Maharashtra Government Gazette dated 21st May, 1973 as per provision of section 40(3)(d) of the said M.R.T.P. Act. The said planing proposal was approved by the State Government. In the said notified area, some land were acquired for the purpose of the planned development and utilization for industrial, commercial and residential purpose.;


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