2011wp3465.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 3465 of 2009 (Farukh Haji Kasam vs. The Chief Officer, Municipal Council and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 20/11/2009. Heard Mr. U.S.Dastane, Adv. for petitioner, Mr.M.I.Dhatrak, Adv. for respondent no.1 and Mr.N.W.Sambre, Government Pleader for respondent nos. 2 and 3. This petition is directed against the order dt. 24.7.2009 issued by the Chief Officer, Municipal Council, who is a Planning Authority, Wani City, whereby the petitioner is informed that permission granted to the petitioner to establish weigh-bridge is cancelled in view of provisions of Section 52, sub-section (1) clause (a) and (c) of the Maharashtra Regional and Town Planning Act, 1966. Counsel for petitioner has submitted that the petitioner was constructed a weigh-bridge in April, 2008 and thereafter, he submitted a proposal for grant of approval and sanction to the Planning Authority. It is contended that, after following the due 2011wp3465.09.odt 2 . procedure and after verification, the Planning Authority was satisfied that construction and establishment of weigh-bridge was in accordance with law and procedure applicable in this regard and therefore, regularised construction of weigh- bridge and since then, the petitioner is continuing said activity. It is contended that, the Planning Authority, all of a sudden, without following the principles of natural justice, issued the impugned order and therefore, same is violative of principles of natural justice and cannot be sustained in law. Mr. M.I.Dhatrak, Adv. for respondent no.1 has submitted that though personal hearing was not given to the petitioner, however, show cause notice was issued to him. Considered the rival contentions canvassed by the respective counsel. It is not in dispute that the Planning Authority had regularised the construction in respect of weigh-bridge constructed by petitioner in the year 2008 and since then, the petitioner was continuing the said activity. It is also not in dispute that the petitioner was not given reasonable opportunity of hearing before issuing the impugned order. Since the petitioner’s construction was regularised by the Planning Authority, we are of the view that before passing the impugned order the Planning Authority ought to have given a reasonable opportunity of hearing 2011wp3465.09.odt 3 . to the petitioner and in absence thereof, in our view, the action is violative of principles of natural justice and cannot be sustained in law. For the reasons stated hereinabove, the impugned order dt. 24.7.2009 is hereby quashed and set aside. The matter is remanded back to the Planning Authority, Wani City for re- consideration of the issue afresh, in accordance with law and procedure applicable in this regard. Petitioner to appear before the Planning Authority on 17.12.2009 at 11 O’ clock. With these observations, the petition is disposed of accordingly. Copy of this order duly authenticated be supplied to Mr.M.I.Dhatrak, Counsel for respondent no.1. JUDGE JUDGE jais