-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4419 OF 2008 Padmavati Bap Pundlik Kanade : Petitioner v/s Nashik Municipal Corporation and ors.: Respondents Mr.Sujay Gawade i/b M/s. Ram & Co. for Petitioner Mr. C.R. Sonawane AGP for respondents 3 and 4 Coram : J.N. Patel, S.J. Kathawalla, JJ. Date :10.11.2008 P.C. . Notice for disposal of this petition to respondent Nashik Municipal Corporation is not necessary. . The petitioners have approached this court seeking direction to respondent no. 1 corporation to sanction petitioner’s plan for using their land house property bearing survey no. 253/3/1 admeasuring 2 hectars and 04 acres situated at Nashik as included in the development Plan of Nashik city sanctioned by the government on 16.11.1993 is deemed to have lapsed by passage of statutory time of 10 years. In the affidavit in reply filed on behalf of respondent it has been clarified that there is no proposal of reservation for the purpose of classification and therefore the basis on which the petitioner has sought -2- reliefs by placing reliance on the provision of section 127 MRTP Act 1966 do not apply. On the other hand it has been specifically stated that development control rules is part of development plan and rule no. 12.1 of development control rules provide land used classification in various types of zones and rule no. 12.1.1 describes the land use and manner of development permissible in various zones which is as under. "Land uses and the manner of development. The uses of all lands situated within the municipal limits of corporation, which have been allocated, designated or reserved for certain purpose in the development plan, shall be regulated in regard to type and manner of development/ re-development, according to table hereunder." Therefore it is submitted that the petitioner can very well use his land for the purpose which is permissible in the development control rules which specifies the zone. . The learned counsel for the petitioner has placed before us government notification dt. -3- 31.3.2008 which relates to sanction u/s 37(2) of Modification to Development Control Regulatioin for Nashik where the said property is situated. The learned counsel for petitioner has invited our attention to Schedule A annexed to the said notification which contained modification no.1 in so far as it relates to regulation no. 12.3.1. . Modification no.1, clause 12.3.1(b) provides that with the previous approval of the Commissioner, any open land or lands or industrial lands in the Industrial zone may be permitted to be utilized for any of the permissible users in the Residential zone(R-1 zone) or the Residential zone with shop line (R-2 zone) or for those in the Commercial zone subject to the following as specified in the schedule and therefore it is submitted that they may be permitted to exploit the development of the property as permissible to the notification dt. 31.3.2008. In this view of the matter it will be open for the petitioner to approach Nashik Municipal Corporation with a proposal for development of the property in accordance with the development control rules and the aforesaid modification vide notification dt. 31.3.2008. Petition stands disposed of accordingly. (S.J. Kathawalla,J.) (J.N. Patel,J.)