1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.147 OF 2006 The Solapur Nagari Hit Sanrakshan ..Petitioners Samiti & ors V/s. The Chief Secretary, Urban Development..Respondents Land Department & ors Mr.R.V.Govilkar, Advocate, for the petitioners Mr.R.M.Kadam, Government Pleader with Mr.S.R.Nargolkar, Assistant Government Pleader, for the respondent Nos.1, 4, 6 & 7 Mr.V.B.Naik, Advocate, for the respondent Nos.2 & 3 Mr.V.A.Thorat, Senior Advocate with Mr.S.S.Shah, for respondent No.5 CORAM : J.N.PATEL & K.U.CHANDIWAL, JJ. DATE : 16TH JULY, 2008 P.C. . Heard. 2. The learned counsel for the petitioners tendered an affidavit on behalf of the petitioners is taken on record. The same is taken on record. 3. The petitioners approached this Court for seeking relief for prohibiting carrying out construction of shopping complexs at various places and to quash and set aside the various permissions 2 or sanctions granted by the respondent Nos.2 & 3 or any of them to construct commercial complex on the said Nala or land which would obstruct or destroy the natural Nala known as Sadar Bazar Nala along with ancillary reliefs. This Court has given ample opportunities to the parties and was concerned as to whether the impugned project taken by Solapur Municipal Corporation really affects natural flow of Nala or would cause risk to the part of the city where construction of this commerical complex and other buildings is permitted to be carried out. On the last date this Court directed the Collector to file his affidavit. The Collector has filed his affidavit in which it has been clearly stated that the land in question is of Government of Maharashtra situated within the local limits of Solapur Municipal Corporation and is reserved in City Development Plan vide res.No. 8/22, 8/23 & 8/24 for the parking and shopping centre and that the Municipal Corporation has applied to the Collector for transfer of the land vide their letter No.NR/Vai/320 dated 16th March, 2004. The formalities in the matter are in process. It has 3 been categorically stated that the reservations in the Development Plan for the purpose of carrying out construction of shopping complex and other buildings in no manner disturb natural flow of water from Nala and that the Municipal Corporation has constructed two separate buildings in the year 2004 on B.O.T basis which is not an issue in this petition. Except that it has been carried out in such a manner that it does not obstruct the natural flow of water from the said Sadar Bazar Nala. 4. Mr.R.V.Govilkar, the learned counsel appearing for the petitioners states that the very fact that the Municipal Corporation has utilized the land without it being transferred and given for development on B.O.T which is illegal. There is no sanction to the Development Plan of the subject area. He further stated that the Municipal Corporation would get peanut in return from the developer to whom the Project has been alloted on B.O.T basis. 5. We, therefore, do not find any substance in 4 the petition. Petition is dismissed with costs which we quantify as Rs.50,000/-. The petitioners are directed to deposit the costs of Rs.50,000/- with the Collector, Solapur. On failure of the petitioner to deposit the costs as directed by this Court, the Collector would recover it as a fine by resorting to the provisions of the Maharashtra Land Revenue Code within six weeks. 6. The learned counsel for the petitioners submits that the effect and order dismissing the petition and directing the petitioners to deposit a a sum of Rs.50,000/- as costs be stayed for a period of six weeks to enable the petitioner to approach the Hon'ble Supreme Court in the matter. Our order to the extent of payment of costs is held in abeyance for a period of six weeks. (J.N.PATEL, J.) (K.U.CHANDIWAL, J.)