RAVINDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners contend that they are owner of immovable property being Municipal No. 1-24-31, Fazalpura (New Ravindra Nagar). The petitioners had applied for sanction of lay out plan in the year 1966 as they had to show 100 ft wide and 50 ft wide development plan roads. The petitioners grievance is that the respondent No.2 - Municipal Corporation Aurangabad had illegally utilized the area under road which was shown in the layout plan, as roads under development plan. The petitioners were not paid compensation towards utilization of the said area under roads by the Corporation. The petitioners, therefore, claim that, the respondents - Municipal Corporation and the State shall compensate the petitioners by awarding market rate along with statutory benefits as available under the provisions of the Land Acquisition Act 1894 by initiating land acquisition proceedings in respect of area shown as development plan road passing through the subject property owned by the petitioners.

(2.) The petitioners contend that in the year 1966 after the petitioners submitted lay out plan for sanction permission was granted by the then Municipal Council Aurangabad with certain conditions. Condition No.8 in the sanction order reads that the roads demarcated in the layout plan of the site shall vest in the Municipal Council Aurangabad under the provisions of Section 173 and 174 of the Maharashtra Municipal Councils Act 1965. The condition further stipulated that the landholder or owner of the land under layout plan shall not claim right or title of whatsoever nature over it nor he shall be entitled to claim any compensation. The Aurangabad Municipal Corporation was then Municipal Council at the time when layout plan was submitted by the petitioners. In the contention of the petitioners the land under road was admeasuring 53,730 square meters which was taken in possession by the then Municipal Council by reserving it under the development plan.

(3.) The petitioners issued a notice on 21-8-1987 by registered post acknowledgment due to the Secretary, Urban Development Department, Government of Maharashtra, Mantralaya Mumbai, copy of which was endorsed to the Corporation - respondent No.2. The petitioners called upon the authorities to exercise their powers in the light of the provisions of Section 49 of the Maharashtra Regional and Town Planning Act, 1966 and to purchase the area taken in possession by the Corporation within the statutory period. After receipt of the said notice the petitioners were directed to furnish information to the Corporation. Accordingly the same was furnished. By a communication dated nil October 1988 the State Government informed the petitioners that by virtue of condition No.8 contained in the order dated 14-2-1966 the petitioner was not entitled for any compensation for the area which was taken in possession by the Corporation and as such the purchase notice issued by the petitioners was disposed of.