Bombay High Court

SHAIKH AYAJ SHAIKH HAMID AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH URBAN DEVELOPMENT DEPARTMENT AND ANOTHER

Disposal: DISPOSED OFF

Holding

The order cancelling the layout plan is quashed as it was passed without hearing and in violation of natural justice.

Summary

The petitioners, owners of land in Beed, obtained No‑Objection permission and provisional approval for a layout plan, relinquished the required open spaces and roads to the Municipal Council, and later sold the plots to purchasers who have largely completed construction. In 2022 a complaint by a social worker led the Collector to direct the Municipal Council to cancel the layout plan, and the Council issued a notice and, without hearing the petitioners, cancelled the plan on 17 January 2024. The petitioners challenged this cancellation, arguing that the order was passed without any consideration of their written response and violated principles of natural justice. The Court examined the record and found that the impugned order merely reproduced the complainant’s allegations and ignored the petitioners’ submissions, thereby showing a non‑application of mind. Consequently, the Court held that the cancellation was unlawful and quashed the order. The matter was remitted to the Municipal Council for a merits‑based decision after granting a proper hearing to all parties.

Issues considered

Whether the cancellation of the layout plan by the Municipal Council without affording a hearing violates the principles of natural justice.
Whether the order dated 17 January 2024 is liable to be set aside for non‑application of mind.

Legislation cited

Maharashtra Land Revenue Code (MLR Code) — s. 42-A
Maharashtra Regional and Town Planning Act, 1966 — s. 51

Subjects

natural justice
procedural fairness
layout plan cancellation
municipal authority
land development
Section 51 MRTP Act
Section 42‑A MLR Code
writ petition
quashing order

Judgment

2026:BHC-AUG:45580


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                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                               920 WRIT PETITION NO. 1419 OF 2024

                               Shaikh Ayaj Shaikh Hamid And Others
                                             VERSUS
                                 The State Of Maharashtra Others
                                                 ...
              Mr. P.R. Katneshwarkar, Senior Advocate i/b Mr. K.J. Suryawanshi,
              Advocate for the Petitioners
              Mr. N.D. Batule, AGP for State
              Mr. Rahul Khadap, Advocate for Respondent No. 2
              Mr. Amol Sawant, Advocate for Respondents No. 3
                                               .......

                                     CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.


                                        DATE : 23rd SEPTEMBER, 2026
              PER COURT :

              1.     By this petition, petitioners challenge the order dated 17.01.2024

              passed by Chief Officer, Municipal Council, Beed under Section 51 of

              Maharashtra Regional and Town Planning Act, 1966, thereby layout

              plan sanctioned on 11.01.2021 was cancelled.


              2.     Petitioners were owners of land Survey No. 108 admeasuring 3

              Acres and Survey No. 119 admeasuring 40 Are situated within the

              limits of Municipal Council, Beed. Petitioners applied for NA permission

              to the District Collector, Beed. District Collector, Beed called report

              from Town Planner, Beed. Town Planner, Beed submitted report dated

              13.12.2018 to the District Collector and recommended for giving NA
                                 {2}                     920-wp-1419-2024

permission. After receipt of report from Town Planner, the report of

Circle Officer, Beed was called. After following the due procedure,

Tahsildar, Beed issued order dated 11.09.2019 under Section 42-A of

MLR Code and granted permission to develop the Survey Nos. 108 and

119. On 06.11.2020, Respondent No. 2 granted provisional approval to

the layout plan prepared by the petitioners. Petitioners deposited

amount of Rs. 2,46,475/- towards development charges and scrutiny

fees. As per terms and conditions of provisional layout sanction letter

dated 06.11.2020 issued by Respondent No. 2, the open space and

roads shown in the layout plan were to be handed over to the

Respondent No. 2. Accordingly, petitioners executed relinquishment

deed dated 08.02.2021 of 6688.47 sq.mtr. Area from Survey Nos. 108

and 119 in favour of Respondent No. 2. On 11.01.2021, Respondent

No. 2 issued final permission for residential purpose.

      Thereafter, petitioners sold the said plots from Survey Nos. 108

and 119 to different persons by executing registered sale deed. The

subsequent purchasers have applied for construction permission to

Respondent No. 2 and permissions were granted to the purchasers for

construction of houses. All most more than 90% construction have

been completed and purchasers are residing therein.
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3.   On the basis of complaint of alleged social worker made on

02.09.2022,   Collector,   Beed   issued   letter   dated    21.04.2023    to

Respondent No. 2 to cancel the layout plan of Survey Nos. 108 and

119. Accordingly, Respondent No. 2 issued notice dated 18.05.2023 to

Petitioners No. 1 to 5 for revocation of permission. Petitioners No. 1 to

5 appeared before Respondent No. 2 and filed written say on

20.06.2023 stating that the layout plan is sanctioned by following due

procedure and the open space and road from layout is handed over to

the Municipal Council. It is stated that subsequent purchasers have

also obtained construction permission. Respondent No. 3 has made

false complaint to extract money from the purchasers.

     Respondent No. 2 without giving an opportunity of hearing to the

petitioners passed order on 17.01.2024 thereby cancelling the layout

plan sanctioned on 11.01.2021. In these facts, petitioners have

approached this Court.


4.   Heard learned Senior Advocate for the petitioners, learned

Advocates for Respondents No. 2 and 3 and learned AGP for the State.

Perused the record.


5.   Perusal of impugned order shows that the impugned order is

nothing but the replica of complaint made by Respondent No. 3. The

say submitted by the petitioners on 20.06.2023 is not at all taken into
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consideration by Respondent No. 2 while passing the impugned order.

Therefore, we are of the view that, the impugned order suffers from

non application of mind and is passed in violation of principles of

natural justice.


6.       In the result, writ petition is allowed.


7.       Impugned order dated 17.01.2024 passed by Chief Officer,

Municipal Council, Beed is quashed and set aside.


8.       The       matter   is   remitted   back   to   Respondent   No.   2   for

consideration on merits after giving an opportunity of hearing to all the

concern.



(ABASAHEB D. SHINDE, J.)                      (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde

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