(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) After hearing the learned counsel for the parties and after going through the materials on record, we find that the respondent No.12 has already filed an application under section 65.B of the Bombay Land Revenue Code, 1979 before the concerned Collector but according to Mr. Sanjanwala, the learned senior advocate appearing on behalf of the respondent No.12, the said application is not disposed of by the Collector in view of the pendency of this Public WPPIL/65/2011 2/2 ORDER Interest Litigation notwithstanding the fact that in this writ-petition, there is no order restraining the collector from disposing of such application in accordance with law.
In view of such fact, we direct the concerned Collector to dispose of the pending application of the respondent No.12 under section 65.B of the Bombay Land Revenue Code positively within a fortnight from the date of communication of this order, in accordance with law. We make it clear that we have not gone into the question whether in the facts of the present case such permission should be granted or not, and it is for the concerned Collector to decide the question in accordance with law.
It is needless to mention that the respondent No. 12 unit will not start its operation so long favourable order is obtained from the concerned Collector on the pending application under section 65.B of the Bombay Land Revenue Code.
Let the matter appear on April 19, 2012.
[BHASKAR BHATTACHARYA, ACTG. C.J.] [J.B. PARDIWALA, J.] mathew