SATISH SOMA BHOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these petitions involve common question of law and fact, as such are decided by this common Judgment.

(2.) The respondent Municipal Corporation, Jalgaon ( Erst while Municipal Council ) on or about 17/7/1964 had published a declaration of intention to prepare Town Planning Scheme II. On 17/2/1967, the draft scheme was sanctioned. The Arbitrator was appointed to implement the scheme and on 14/6/1979, the Town Planning Scheme II was sanctioned by the Government. Earlier, prior to the sanction of the Development Plan, original plot No. 526 in Survey No. 170 was reserved for garden. After the Development Plan was sanctioned, owners of land Survey No. 170 ( 18 persons), which was bearing original plot No. 526 were allotted final plot No. 524. Subsequently, these persons, who were allotted final plot No. 524, sold their respective shares. The present petitioners are the purchasers of the undivided share of the original allot tees of plot No. 524.

(3.) The revised Development Plan was sanctioned on 6/1/1993 and final plot No. 524 was reserved for play ground and primary school site Nos. 126 and 127, the said revised Development Plan came into force on 15/2/1993. After completion of the period of 10 years, a right is created upon the occupier or the person having an interest in the property to issue a purchase notice. The petitioners/their predecessors issued purchase notice to the Jalgaon Municipal Corporation. The same was received by Jalgaon Municipal Corporation. The Jalgaon Municipal Corporation failed to acquire the land within the said period of six months as stipulated in Section 127 of the Maharashtra Regional and Town Planning Act ( For short, ' M.R.T.P. Act ' ). As such, the petitioners have moved this Court seeking directions against the respondents to dereserve the plot.