1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 4596 OF 2006 Mohan s/o. Ravidatta Sharma, age 51 years, occ. service, R/o. Plot No. 137, N-1-A, CIDCO, New Aurangabad, through General Power of Attorney Mrs. Geeta w/o. Mohan Sharma, age 46 years, occ. household, R/o. as above. - - - - Petitioner versus 1. The State of Maharashtra. 2. City and Industrial Development Corporation of Maharashtra Ltd., through its Administrator, Udyog Bhavan, New Aurangabad. - Respondents Shri S. V. Gangapurwala, Advocate for petitioner. Shri Umakant Patil, Asstt. Govt. Pleader for Respondent No.1. Shri A. S. Bajaj, Advocate for Respondent No.2. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. Dated : 10th July 2009 2 ORAL ORDER [ Per NARESH H. PATIL, J. ] 1. Heard. 2. With the assistance of learned Counsel Shri Bajaj, we have perused the order passed in Writ Petition No. 2338 of 1999 and the judgment delivered by the Apex Court in S.L.P. (Civil) No. 19687 of 2000 in the case of Padma vs. Hiralal Motilal Desarda and other. One of the directions given by the Apex Court for disposal of the Appeal is relevant for our purpose. Direction No.8 reads :- "8. Inasmuch as we have upheld the judgment of the High Court except for minor variations in the relief granted by the High Court, it shall be open to CIDCO or to any other party, for the matter of that, to seek directions of the High Court so as to implement the judgment of the High Court as sustained by this 3 Court. The costs of these proceedings throughout shall be borne by the respondents Nos. 5,6, 9 and 15 [in the High Court]. 3. We have perused the other orders passed by this Court after disposal of the S.L.P. in the matter of applicants who had approached this Court for clarification. 4. In short, the petitioner's case, according to Counsel Shri S. V. Gangapurwala is that the original allottee one Shri Tawade was allotted two plots bearing Nos.301 and 302 in Sector C-1, CIDCO in the year 1978. In the year 1988, the original allottee secured part occupancy certificate. The two plots were permitted by the concerned authority to be amalgamated on 20-7-1987. The original allottee Shri Tawade thereafter transferred leasehold rights of the property to one Mr. Lokur in the year 1990. The petitioner thereafter got the said amalgamated plot transferred in his name in the 4 year 1998. On 20-4-2004, notice was issued to the petitioner by CIDCO. That notice is annexed at page 68. According to the contentions raised by the petitioner, he applied for permission for construction of residential house on 20-4-2005. The application was kept pending by the CIDCO, according to learned Counsel and, in view of the notice issued, the petition filed petition before this Court. The additional affidavit in reply is sworn and filed by the petitioner Mohan Sharma. We have perused the additional affidavit in reply. Petitioner makes out a case that his family is growing and, therefore, he is in need to construct over the plot for the use of his family for residential purpose. The applicant tried to explain the circumstances in which the plot could be developed. 5. We have considered the submissions advanced by learned Counsel appearing for the parties and after considering the bona fides of the petitioner, his need for the family and the past events since the year 1978 taking place in 5 respect to the plot, we are of the opinion that the petitioner could be permitted to develop the plot which was already amalgamated as one unit for construction of residential house for himself or his family members. 6. In the mean while, further developments have taken place. We are informed by learned Counsel Shri Bajaj that the services to be provided to the residents of CIDCO area are transferred to Aurangabad Municipal Corporation. The building permissions are to be processed and granted by Aurangabad Municipal Corporation. The CIDCO now issues No Objection Certificate and thereafter Aurangabad Municipal Corporation authorities process. Order : 7. We, therefore, direct that the petitioner shall file fresh application to CIDCO authorities for claiming N.O.C. for constructing residential house on the amalgamated plot within four weeks from today. In case such application is filed within four weeks, from the date of 6 receipt of application, the CIDCO authorities shall pass appropriate final orders on No Objection Certificate within eight weeks therefrom. The petitioner shall furnish current residential address to the CIDCO authorities along with the land-line and cell phone Nos. for prompt communication. After getting No Objection Certificate from CIDCO authorities, the petitioner shall file an application for seeking development permission/ sanction plan for construction of residential house within eight weeks thereafter to the Aurangabad Municipal Corporation. Failure of compliance as directed by this Court by the petitioner would entitle the CIDCO to initiate proceedings for taking over possession of the subject plot. After receipt of application for sanction of building permission/ construction permission, commencement certificate, Aurangabad Municipal Corporation shall dispose of the application within three months from the date of receipt of the application. From the date of permission 7 granted by the Corporation, the petitioner shall develop the property as directed above for the said purpose within one year thereafter. The petitioner makes a statement that in respect of present plot in controversy, no suit or appeal has been filed or is pending in any Court or forum. Any further clarification in regard to this order by any of the parties shall be sought from this Court. Petition is disposed of with the above directions. ( N.D.DESHPANDE, J.) ( NARESH H. PATIL, J. ) pnk/wp459606