1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12635 OF 2010 IN WRIT PETITION NO.5730 OF 2007 Inspira Leisure and Hospitality Ltd., APPLICANT VERSUS The Registrar (Judicial) and others RESPONDENTS WITH CIVIL APPLICATION NO.8984 OF 2009 IN WRIT PETITION NO.5730 OF 2007 Maharashtra Tourism Development Corporation (MTDC) APPLICANT VERSUS The Registrar (Judicial) and others RESPONDENTS Mr.A.S.Bajaj, learned counsel for the applicant in first application Mr.K.B.Chaudhary, learned A.G.P. for State in both applications Mr.V.D.Sapkal, learned amicus curaie (Appointed) in both applications Mr.A.R.Borulkar, learned counsel for applicant in second application. Mr.S.N.Pagare, learned counsel for respondent no.2 and 3 Mr.P.S.Pawar, learned counsel for respondent no.6 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 16/09/2010 2 PER COURT : 1. By CA No.12635/2010, the applicant seeks clarification from this Court that the order passed in Suo-Motu Writ Petition no. 5730/2007, imposing restriction from considering the proposal for change of reservation to the extent of land Survey No.235, 236, 237 at Harsool, Aurangabad for the development of Golf Course. 2. CA No.8984/2009 has been filed by the Maharashtra Tourism Development Corporation (MTDC) at Aurangabad to whom the land has been allotted for the development of Tourism Development activities. 3. It appears that in a Suo-Motu writ petition no.5730/2007, the Division Bench of this Court, taking into consideration the large scale conversion of open plots in the city which were reserved for garden, play ground and other public utility purposes in the area of Garkheda and Shahnoorwadi, restrained the authorities from allowing such conversion. Aforesaid writ petition is pending final hearing in this Court. Meanwhile, when the petitioner, approached the respondent Corporation, the petitioner was informed that the order passed by the Division Bench of this Court dated 09/10/2007 in Suo-Motu Writ Petition No.5730/2007 would come in the way of the authorities in granting a permission to the petitioner. 4. The said land un-disputedly falls in a "No Development Zone" and the said land is now used for development for the purposes of 3 Golf Course at Harsool, Aurangabad. We have heard learned counsels for the applicants and Shri.V.D.Sapkal, learned amicus curaie, appointed by us in Suo-Motu Writ Petition No.5730/2007. The embargo put by this Court regarding conversion of the open plot obviously would not apply to the facts of the present case. In that light of the matter, therefore, both applications are allowed in terms of prayer clause B & C to the applications. In the circumstances, there shall be no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEPT. 2010/ca12635-10