IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.81 OF 2010 IN WRIT PETITION NO.4999 OF 2009 Shree Ramchandra Devasthan and others. ... Appellants Versus Gram Panchayat, Girnare and others. ... Respondents Mr. M.M. Sathaye for appellants. Mr. Milind Deshmukh for respondent No.1. Mr. R.M. Patne, Assistant Government Pleader for respondent No.3. CORAM : ANIL R. DAVE, C. J. & S.C. DHARMADHIKARI, J. DATED : 21ST APRIL, 2010 P.C. Admit. 2. At the request of the learned advocates, the appeal is finally heard today. 3. In the present appeal, the order dated 2nd February, 2010 passed in Writ Petition No.4999 of 2009 has been challenged. 4. By virtue of the impugned order passed by the learned Single Judge, liberty has been reserved to the respondent-Gram Panchayat to make a request to the Government to acquire a plot of land bearing Gat No.404/2 situated at Girnar Village because the Gram Sabha of respondent-Panchayat has passed a resolution on 15th August, 2005 to the effect that the aforesaid land was required by the Panchayat. It is pertinent to note that till today, the land in question has not been acquired by the Government for the Gram Panchayat. 5. The appellant is a Charitable Trust which has been permitted by the Charity Commissioner to construct a commercial complex on the land in question and for that purpose, request has been made by the appellant-trust to the respondent-Panchayat to give necessary permission to use the land for construction of a commercial complex but the same has not been granted by the respondent-panchayat as the respondent- panchayat desires to get the said land acquired. In the circumstances, the learned Single Judge has directed that if no steps are taken for acquisition of land within one year, the building to be constructed on the land in question need not be sanctioned by the respondent-gram panchayat. 6. The appellant has been aggrieved by the order of the learned Single Judge for the reasons that the land might not be acquired by the Government for the Gram Panchayat and in that event, the appellant- trust would be unnecessarily restrained from putting up construction thereon. 7. We find substance in what has been submitted on behalf of the appellant and, therefore, we direct that the appellant shall apply for necessary permission under section 52 of the Bombay Village Panchayat Act so as to enable the appellant-trust to put up construction on the land in question and decision on the said application shall be taken within 30 days from receipt of the application. 9. In view of this order, the condition imposed in the impugned order with regard to not granting permission to the appellant for using the land for putting up construction on the land for one year is deleted. Needless to say that it would be open to the Gram Panchayat to make an application to the Government for getting the land in question acquired in the meantime, if the Gram Panchayat is desirous of getting the land in question. 9. Appeal stands disposed of accordingly. CHIEF JUSTICE S.C.DHARMADHIKARI, J.