1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1371 OF 2007 1. Prakash Tekchand Demda and another .. Petitioners Versus 1. The State of Maharashtra and others .. Respondents Smt. Sadhana S. Jadhav, Advocate for the Petitioners. Shri S. K. Tambe, A. G. P. for the Respondent Nos. 1 and 2. Shri H. K. Mundhe, Advocate for the Respondent No. 3. Shri S. V. Gangapurwala, Advocate for the Respondent No. 4. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. DATE : 15TH JULY, 2009. ORAL ORDER [ Per Naresh H. Patil, J] : 1. Heard. The learned counsel for the petitioners Mrs. Jadhav submitted that the project which was to be carried out on Built Own and Transfer (B.O.T.) basis is not executed strictly in accordance with the agreement 2 executed between the parties and the final modifications sought under Section 37 of Maharashtra Regional Town Planning Act. After hearing learned counsels appearing for respective parties, this Court had directed last time Collector Jalna to file report in the shape of affidavit in reply himself. Accordingly Mr. Ramhari Dagadu Shinde, Collector, Jalna filed affidavit in reply. In para 6, the deponent states that : 6. I say and submit that, after verification of the document, the factual area available for the stadium is found 2.47 Hector which less by 0.29 Hector, than the area shown as per the record. I say and submit that, as per the modification U/Sec. 37 of the MRTP Act, 1966, the Municipal Council, Jalna was supposed to use an area to the extent of 1.40 Hector for the residential purpose, but after careful scrutiny of the document submitted to the deponent, it was found that the area used for the residential purpose seems to be over and above of the area admissible for residential purpose. I say that, discrepancies in the construction is found at the factual location and proposed plan for the BOT purpose. An area of 1572 Sq. Meter of the stadium is converted into residential use more than the sanction, as per the available map. We have perused the annexures to the reply filed by the Collector including 3 map. 2. It is informed to this Court that originally this land was admeasuring 4.16 Hector. It was agreed to develop a stadium in the area admeasuring 2.76 Hector. Thereafter, this plan was again modified with the sanction of the State Government and an area admeasuring 1.40 Hector was to be utilized for construction of residential purpose. It seems on the basis of the material provided to the Collector, it is stated by the Collector that at present 2.47 Hector of area is utilized for the stadium. 3. Learned counsel Shri Sanjay Gangapurwala submits that the construction activities would be executed strictly in accordance with law, agreement executed and the sanction granted by the State Government. The counsel submits that he is willing for a fresh measurement of the land in presence of the nominee of the Collector and the responsible officer of the Municipal Council, Jalna. The counsel appearing for the Municipal Council Shri Mundhe submits that land would not be permitted to be misused for any other purposes, than the one for which it was allotted. 4. On the basis of submissions advanced and statements made in the affidavit in reply filed by the Collector, we are inclined to dispose of petition now. 5. It would be appropriate that fresh measurement be carried out of the entire subject property, so as to avoid future conflict, confusion and litigation 4 on the issue. 6. The measurement shall be carried out under supervision of a Committee including nominee of the Collector, Chief Officer of the Municipal Council and the contractor/respondent No. 4 or his nominee. The learned counsel Shri Sanjay Gangapurwala during the course of argument submits that the construction of residential-cum-commercial structure is simultaneously being carried out along with construction of stadium. The counsel conveyed that 70 to 80 per cent of stadium work is over, whereas the residential-cum-commercial construction is over to the extent of 40 to 50 per cent. The counsel Shri Gangapurwala assures that this work of construction of stadium would be given priority. The Chief Officer of Municipal Council, Jalna, shall make every possible effort and attempt to get the project completed at the earliest. The delay in execution of the project would be detrimental to the interests of Municipal Council and would frustrate the object behind the execution of agreement itself. Petition is disposed of. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/July 09