PUKHRAJMAL SAGARMAL LUNKAD Vs. THE MUNICIPAL COUNCIL

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 23.12.2004, passed by the High Court of Judicature of Bombay, Bench at Aurangabad, whereby said Court has dismissed the Writ Petition No. 1924 of 1992. And for the reasons given in the said order, the other two Writ Petition Nos. 1925 of 1992 and 1228 of 2001 were also dismissed.

(2.) In the above Writ Petitions (Nos. 1924 of 1992 and 1925 of 1992), Town Planning Scheme in respect of survey No. 431/A (new plot No. 287) and survey No. 431/B (new plot No. 288) situated at Mehrun area within the limits of Municipal Council Jalgaon, was sought to be quashed.

(3.) Brief facts of the case are that appellants were admittedly owners of survey No. 431/A-1, A-2 and A-3 and survey No. 431/B. On 15.12.1971, Jalgaon Municipal Council which is a Planning Authority under the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act "), published Draft Development Plan in respect of certain lands including the aforementioned plots owned by the appellants and reserved the same for public purpose, renumbering them as plot No. 288 in reservation site No. 107 (for garden) and plot No. 287 reserved in site Nos. 104 and 105 (for the purposes of construction of library, maternity home and dispensary). Final Development Plan was sanctioned in respect of above area which came into operation on 16.12.1974. According to the appellants, this date is the starting point for taking steps for acquisition within a period of ten years under MRTP Act, as the owners got restricted/prevented from carrying out any developmental activities over their land. It is pleaded by them that the procedure for acquisition of the land reserved for public purpose is provided under Chapter VII, which allowed at the relevant point of time only two modes of acquisition under Section 126 (1) of the MRTP Act, namely (i) by agreement, and (ii) by making an application to the State Government for acquiring such land under Land Acquisition Act, 1894.