1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1429 OF 2009 Vilas Pandit Patil & another ....Petitioners. Versus The Municipal Council, Sillod & others ....Respondents. Shri. B.R. Warma, Advocate for petitioners. Shri. D.R. Kale, A.G.P. for respondent Nos. 1 to 4. CORAM : R.K. DESHPANDE, J. DATE : 20th July, 2010. PER COURT : 1. Heard Shri. Warma, the learned counsel for the petitioner, who submits that by notification dated 22nd of March 2010 issued under Section 37 (2) of the Maharashtra Regional and Town Planning Act, 1966 the land in question has been deleted from the 'no development zone' and as a result of this, it would now be permissible for the petitioners to carry on the development in the said property. The learned A.G.P. Shri. D.R. Kale, however, submits that the notification has been issued on 22nd of March 2010, however, prior to that the land in question was in 2 the 'no development zone' and the petitioner has carried out construction which has been held to be illegal. 2. The learned counsel for the petitioners submits that infact a request was made to the appellate authority for deferring the decision on the application, for the reason that the issuance of notification dated 22nd of March 2010 was in violation. However, the said request has been rejected. He, therefore, submits that in view of the subsequent developments of issuance of notification dated 22nd of March 2010, he has already moved the concerned authority for grant of permission to develop the property and he shall pursue the same. He, therefore, seeks permission to withdraw the writ petition so as to avail the remedy available to him in law. The writ petition, thus, stands dismissed as withdrawn. 3. The petitioner had given an undertaking on 8th of April 2009 before this Court that in case the minor modification is not approved by the State Government, the petitioner shall demolish the construction made by them at their own costs. However, in view of subsequent notification, the petitioner is relieved from this undertaking. [ R.K. DESHPANDE, J. ] ssc/wp1429.09