skc 1 WP-6281-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6281 OF 2011 Rohit Mansukhlal Zaveri & Anr. ..Petitioners versus City & Industrial Development Corporation of Maharashtra Ltd. & Ors. ..Respondents Mr. H. S. S. Murthy i/b. Mr. Ashutosh Singh for Petitioners. Mr. A. M. Kulkarni for Respondent Nos. 1 to 3. CORAM : D. D. SINHA AND R. G. KETKAR, JJ. 03 October 2011 P.C. : Heard the learned counsel for the petitioners and the learned counsel for the respondent nos. 1 to 3. 2. The petitioners are seeking direction to the respondent nos. 1 to 3 to take appropriate effective steps pursuant to notice of demolition of unauthorised construction on plot no. 221 admeasuring 299.94 sq. mtrs. and plot no. 222 admeasuring 549.94 sq. mtrs. situated in Sector 19 at Kharghar, New Bombay, District Raigad. It is brought to the notice of the Court that skc 2 WP-6281-11 notices are issued by the CIDCO under Section 53(1) of The Maharashtra Regional and Town Planning Act, 1966. 3. The learned counsel for the CIDCO has submitted that these two lands in question came to be allotted to Gundya Kuthya Bhoir and Shantabai Bachhu Thakur and others, respectively, who are project affected persons. As per the agreement between allottees and the CIDCO, obligation to protect possession of suit plots by constructing appropriate fencing within a period of six months from the date of agreement is on persons in whose favour the plots are allotted. The learned counsel for the CIDCO therefore contended that though the notices under Section 53(1) of the MRTP Act came to be issued by the CIDCO in respect of the suit plots, obligation to remove the unauthorised construction, if any, is on allottee. The counsel for the CIDCO has further submitted that in the instant case the persons who alleged to have erected the unauthorised construction on the subject plots are also project affected persons and they have already submitted application to the CIDCO for grant of allotment on part of the subject lands to them under project affected 12.5% scheme. These proposals are under consideration and therefore further steps pursuant to the notices under Section 53(1) under the MRTP Act issued by the CIDCO could not be taken. skc 3 WP-6281-11 4. In the backdrop of the above referred facts, it appears that the CIDCO has already issued notices under Section 53(1) of the MRTP Act for demolition / removal of unauthorised construction. However, since the proposals submitted by the persons who alleged to have encroached upon the lands in question i.e. respondent nos. 5 to 7 under project affected 12.5% scheme, which are pending for decision, further action pursuant to notices under Section 53(1) of the MRTP Act could not be taken. In the circumstances, we direct the CIDCO to decide their proposals in accordance with law and procedure applicable in this regard on its own merits within a period of four weeks from the date of communication of this Order. If the proposals are rejected by the CIDCO, we direct CIDCO to take appropriate steps pursuant to the notices issued under Section 53(1) of the MRTP Act against the concerned persons by following due procedure applicable in this regard without any further delay. 5. With these observations and directions, writ petition is disposed of. (D. D. SINHA, J.) (R. G. KETKAR, J.)