FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 939 OF 2011 “Shabarnoorbee w/o. Shaikh Buddan Vs. The State of Maharashtra and another” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. V.P. Latange, Advocate for the petitioner Mr. S.K. Kadam, AGP for respondent No.1 Mr. S.D. Hiwrekar, Advocate for respondent No.2. CORAM :- P.B. MAJMUDAR & S.S. SHINDE, JJ. DATE :- 25th April, 2011. PER COURT :- 1] By way of this petition, the petitioner has challenged the decision taken by respondent No.2 Municipal Council, Sillod, District Aurangabad, in not granting the development permission to the petitioner. The petitioner wanted to construct second floor of his house, which is located at Survey No. 90/1, situated at Sillod. Since the development permission is not granted by the Municipal Council, the petitioner has filed this petition. 2] Learned counsel Mr. Hiwrekar, appearing on behalf of the Municipal Council states that as on today, the property of the petitioner is located in `no development' zone. He further states that in the final development plan prepared by the Director of Municipality, now the area in question is forming part in Residential Premises, but the final development plan is pending FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 939 OF 2011 “Shabarnoorbee w/o. Shaikh Buddan Vs. The State of Maharashtra and another” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 before the State Government for approval. 3] In this view of the matter, it is directed that in case the State Government approves the final development plan, in which the area in question may fall within `Residential Zone', the Municipal Council, may take appropriate decision afresh, for granting development permission to the petitioner, as per the final development plan, which may be approved by the State Government. 4] Subject what has been observed hereinabove, the writ petition is disposed of. [S.S. SHINDE, J.] [P.B. MAJMUDAR, J.] grt/-