(1) WP-6284.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6284 OF 2007 1. The Marathwada Legal & General Education Society at Aurangabad Through its Secretary, M.P. Law College Campus, Samartha Nagar, Aurangabad 2. The Secretary, Marathwada Legal & General Education Society, M.P. Law College Campus, Samartha Nagar, Aurangabad PETITIONERS VERSUS The Joint Director, Town Planning, Aurangabad and ors. RESPONDENTS ..... Mr. S.R. Barlinge, advocate h/f. Mr. S.P. Shah, Advocate for the Petitioners. Mr. V.B. Ghatge, A.G.P. for the Respondent-State. Mrs. Manjusha Deshpande, Advocate for the respondent no.2 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 12TH JULY, 2011 ORAL ORDER: 1. The present Petition has been filed by a Society, which is imparting education and its Secretary. They had purchased survey no. 90 in Aurangabad on 1.3.1957. Several buildings have been constructed on that land including a law college. (2) WP-6284.2007 The petitioners applied for permission to construct an additional structure on their land. Accordingly, permission was granted under section 45 of the Maharashtra Regional and Town Planning Act, 1966 ("M.R.T.P. Act" for short) by the Corporation on 24.6.2005. Several conditions were to be complied with by the petitioners as mentioned in the commencement certificate. One of the conditions was that before commencement of the construction the applicant should get the boundaries fixed by getting the land measured through the Taluka Inspector of Land Records. The petitioners proceeded with the construction and since they had not completed the construction within the time stipulated of one year, they applied for extension of the time to complete the construction by an application dated 28.6.2006. On 14.3.2007, the petitioners were informed by the Corporation that they had left no distance between the boundary wall and its new construction on the southern side of the plot. The petitioners through their letter dated 17.3.2007 intimated to the Corporation that the construction had been carried in accordance with the permission granted. The (3) WP-6284.2007 Corporation by its letter dated 23.4.2007 stayed the construction work in exercise of its powers under section 263 of the Bombay Provincial Municipal Corporation Act, 1949 (for short "the said Act"). Hence, the present Petition. 2. Mr. Barlinge for the petitioners has argued that the Corporation had no power under section 262 of the said Act to stay the permission for construction once it had been granted. According to him, the Corporation could only refuse permission for extension of the time but could not stay the permission. He points out that had the extension of time been refused, the petitioners could have taken recourse to the provisions of section 47 of the M.R.T.P. Act, by filing an appeal against that order. According to him, the Corporation has exceeded its jurisdiction in staying the construction. 3. With the assistance of the learned Advocates for the parties, we have considered the impugned order. In our opinion, the Corporation has indicated that the construction would be stayed only till the petitioners comply with condition no.3 in the (4) WP-6284.2007 commencement certificate. That condition relates to having the land measured by the Taluka Inspector of Land Records. 4. In these circumstances, in our opinion, the Petition can be disposed of with the following order:- I. The petitioner shall have the plot measured by the Taluke Inspector of Land Records and submit the measurements to the Corporation. II. The Corporation will then permit the petitioner to continue with the construction as per the commencement certificate granted on 24th June, 2005. III. Any building or construction erected by the petitioners on land which is disputed and which is the subject matter of a civil suit, which is pending, will be subject to the result of that civil suit. (5) WP-6284.2007 IV. The intervener may resort to civil remedies, in case his rights are affected. 5. Petition disposed of accordingly. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp/