1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.325 OF 2008 Shri Shankar @ Bandu Kemse ...... Petitioner. V/s Pune Municipal Corporation Pune, and Others. ....... Respondents. ALONGWITH PUBLIC INTEREST LITIGATION NO. 17 OF 2008 Shri Anant Gajanan Tipnis and others. ......Petitioners. V/s The Government of Maharashtra and Others. ....... Respondents. ------ Mr. A.V. Anturkar, Senior advocate i/b Mr. Sugandh Deshmukh for the petitioners. Mr. S.S. Kanetkar for the petitioner in PIL No.17 of 2008. Mr. S.R. Nargolkar, AGP for respondent Nos. 5 to 7. Mr. V.G. Mujumdar for respondent Nos. 1 to 4. Mr. Aspi Chinoy i/b M/s. Harish Joshi & Co. for respondent Nos. 8 & 10. -------- CORAM: SWATANTER KUMAR, C.J. AND V.M.KANADE, J. DATE : 10TH APRIL, 2008. 2 P.C.: 1. The learned Counsel appearing for the State submits that in terms of section 58 of the MRTP Act, the State has preferential right to decide in relation to the development of any project, particularly on the State highway, even if the area fell within the Corporation limits. It is further informed that reference to the Government has already been made, keeping in view the objection of the Corporation in relation to the construction of this Naka. 2. Certain persons living within the Corporation area also have preferred objections to the construction and operation of this Naka. Be that as it may, admittedly, matter is pending for consideration before the appropriate authority in the Government. The Government shall hear all effective parties and then take a final view on the controversy in question. Appropriate orders should be passed within six weeks from today. 3. Writ Petition is disposed of with the above observations. CHIEF JUSTICE V.M. KANADE, J.