* 1 * W.P. 8457.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8457 OF 2008 The Gram Panchayat, Dapode .......Petitioner V/S. The State of Maharashtra & Ors. .........Respondents * * * * Mr. P.M. Pradhan, Advocate for the petitioner. Mrs. Neha Bhide, Panel Counsel for respondents no.1 to 3. Mr. R.S. Apte with Mr. N.R. Bubna, Advocate for respondent no.4. Coram: MOHIT S. SHAH, C.J. & SMT. R.P. SONDURBALDOTA, J. Dated : 5 OCTOBER, 2010. P.C. : 1. In this Writ Petition filed under Article 226 of the Constitution of India, the Gram Panchayat, Dapode, Taluka- Bhiwandi, District-Thane has challenged the action of * 2 * W.P. 8457.2008 respondent no.2-District Collector, Thane in transferring and handing over possession of land Survey No.115 admeasuring 26 hectares, 07-2 Ares in favour of respondent no.4-The Bhiwandi-Nizampur Municipal Corporation for the purpose of dumping solid waste under the Municipal Solid Waste (Management and Handling) Rules, 2000. 2. Various contentions are raised in the petition including the contention that the land is vested in the Panchayat and that the State Government-respondent no.1 has not yet permitted respondents no.2-District Collector and respondent no.3- The Tahsildar for transfer and allotment of the land to respondent no.4 and that the District Collector, Thane has no authority to allot the land to the Municipal Commissioner, Bhiwandi-Nizampur Municipal Corporation. It is contended that the land is required by the village people for grazing the cattle and therefore the impugned order could not have been made to the detriment of the village people. Various other contentions are also raised to the effect that the Municipal Corporation should use modern technologies for disposal of the garbage rather than dumping them on the land meant for the village people. 3. Since the petitioner is a local authority established under the Bombay Village Panchayats Act and respondent no. 4 is also a local authority established under the Bombay Municipal Corporations Act, 1949 and both the public * 3 * W.P. 8457.2008 authorities are espousing the respective interests of the village people and the urban population, we are of the view that this is a fit case which ought to be considered by the Committee comprising the Secretary, Panchayat Department, Secretary-Urban Development Department and Secretary- Revenue Department. 4. The Committee shall give an opportunity of hearing to the Sarpanch of the petitioner Gram Panchayat, the Municipal Commissioner of the Bhiwandi-Nizampur Municipal Corporation and the Member Secretary of the Maharashtra Pollution Control Board. The Committee shall hear all the concerned parties, as expeditiously as possible, and in any case within a period of 2 months from today. The Committee shall submit their report to the State Government and thereafter the State Government will take final decision in the matter. 5. Till then, the impugned order dated 11th February, 2002 (Exhibit-11 to the petition) passed by the District Collector, Thane allotting the land in question to respondent no.4, Municipal Corporation, shall remain in abeyance. 6. Since the order allotting the land in favour of the Municipal Corporation is being kept in abeyance as per the above directions, the Maharashtra Pollution Control Board shall not take any coercive action against the Municipal Commissioner, Bhiwandi-Nizampur Municipal Corporation * 4 * W.P. 8457.2008 till the matter is decided. 7. It is clarified that we may not be treated to have decided on the merits of the controversy between the parties. 8. The petition is accordingly disposed of. [CHIEF JUSTICE] [SMT. R.P. SONDURBALDOTA, J]