21. wp 7916-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7916 OF 2011 Kabbur Industries Pvt Ltd .. Petitioner Vs State of Maharashtra & Ors .. Respondents Mr. Milind Sathe, Sr. Advocate & Mr. Vishal Kanade i/b M/s. Kanga & Co for the Petitioner Mr. S.N. Patil, AGP for Respondent No. 1 Mr. Ajit Ram Pitale for Respondent nos. 2 and 3 CORAM : D. D. SINHA & SMT. V.K. TAHILRAMANI, JJ DATE : 13th OCTOBER, 2011. P.C.: 1. Heard the learned counsel for the respective parties. 2. The Writ Petition is directed against the order dated 16th & 18th July 2011 passed by the Executive Engineer, Town Development Division, Thane Municipal Corporation, Thane whereby the sanction for revised plan of M/s. Kabbur Industries in respect of Survey No. 161/1A/1, 1B and 2C/1, Mauje Balkum came to be rejected on the ground that the development site is coming within the area of 100 meters to 150 meters of low density area of chemical zone from the storage of chemical of 1 21. wp 7916-11.doc Colourchem as per prevailing Development Control Rules and as per Government order dated 28th October, 1997. 3. The learned counsel for the petitioner has submitted that the petitioner has already filed an Appeal before the State Government (Urban Development Department) on 24th August 2011 which is pending for decision. It is prayed that the direction be given to the State Government to decide the Appeal of the petitioner with the stipulated period. 4. In these circumstances, we dispose of the Petition with direction to the State Government to decide the Appeal of the petitioner, if not decided earlier, in accordance with law and procedure applicable in this regard, on its own merit, within a period of eight weeks from the date of communication of this order. 5. Parties to act on authenticated copy of this order. [ SMT. V.K. TAHILRAMANI, J ] [ D. D. SINHA, J ] 2 21. wp 7916-11.doc 3