1 WP 6618/2006 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6618 OF 2006 Kailas s/o. Chedilal Barsaiyan ... Petitioner Versus The State of Maharashtra & Anr.... Respondents. ----- Shri. A.D. Sugdare, Advocate for the petitioner. Shri. V.B. Ghatge, Assistant Government Pleader, for respondent No.1. Shri. A.S. Bajaj, Advocate for respondent No.2. ------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 14th JULY 2009 PER COURT : 1) Heard. 2) The petitioner was allotted a tenement by the CIDCO. Thereafter the petitioner even got allotment of a small plot admeasuring 1300 sq.ft. Adjacent to the tenement. In view of the orders passed by the High Court and the Supreme Court, an individual is entitled for allotment of one 2 WP 6618/2006 open plot as allottee of the CIDCO. We are considering this petition in view of Direction No.8 in para 43 of the judgment of the Supreme Court reported in Padma v. Hiralal Motilal Desarda, (2002) 7 SCC 564. 3) We have heard the submissions advanced by counsel Shri. Sugdare and Shri. Bajaj who is appearing for the CIDCO. The counsel has invited our attention to the orders passed by this Court in identical circumstances. We have perused the same. 4) We have perused the additional affidavit filed by the petitioner Kailas Chedilal Barsaiyan. The learned counsel Shri. Sugdare submits that in view of number of family members and the need, the petitioner's family requires the adjacent small plot for residential purposes. The petitioner would not develop the said open plot for commercial purposes or run any activity for making commercial profits. We are inclined 3 WP 6618/2006 to accept the submissions and statement made by the counsel. In view of the contentions raised in the affidavit-in-reply we find that looking to the size of the plot and the need of the family the petitioner could be permitted to develop the small open plot within a time bound schedule. 5) The petitioner shall apply for No Objection Certificate from CIDCO and after getting the plan sanctioned from the Aurangabad Municipal Corporation, develop the plot for residential purpose of his family within a period of one year from today. Failure thereof, the CIDCO is directed to take possession of the said plot. 6) The writ petition is disposed of. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ wp.6618.06