GIRNAR TRADERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of the High Court of Judicature at Bombay, Aurangabad Bench, dismissing the writ petition of the appellant under Article 226 of the Constitution of India. The question for consideration is: Whether all the provisions of the Land Acquisition Act, 1894 as amended by Central Act 68 of 1984 can be read into the provisions under Chapter vii of the Maharashtra Regional and Town planning Act, 1966 for an acquisition thereunder

(2.) The appellant is a registered partnership firm owning certain lands situated within the jurisdiction of Second Respondent, Jalgaon municipal Council. The land owned by the appellant was subject to a reservation in the draft development plan of Jalgaon town, which was published on 19.3.1987. Since the appellant was unable to develop the land under reservation, and no steps were being taken by the Jalgaon Municipal Council to acquire the said land under the provisions of The Maharashtra Regional And Town Planning act, 1966 (hereinafter referred to as the 'm. R. T. P. Act') , the appellant issued a notice dated 19.1.1989 under Section 49 (1) of the m. R. T. P. Act, calling upon the State Government to either confirm or refuse the purchase notice within the period fixed under Section 49 of the M. R. T. P. Act.

(3.) On 25.7.1989 the State Government, acting under Section 49 (4) of the M. R. T. P. Act, confirmed the purchase notice issued by the appellant. Despite confirmation of the purchase notice, Second Respondent, Jalgaon municipal Council did not take any steps under section 126 of the M. R. T. P. Act, nor did it apply to the State Government for acquisition of the land under reservation.