SUSHANT SURESHRAO CHARJAN Vs. STATE OF MAHARASHTRA THROUGH

JUDGEMENT

(1.) The petitioner in this petition is seeking declaration that the reservation over the property owned by the petitioner has lapsed under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (in short 'the M.R.T.P. Act') and the petitioner is free to develop the land, in the manner permissible to the adjacent land as per the Development Plan.

(2.) The facts which are relevant for the purpose of deciding the issue involved in the present petition are as under :-

(3.) The petitioner is owner of Survey No. 73, Sub-division No. 2A, total area admeasuring 0 H 60 R of Village Rahatgaon, Tah. and Dist. Amravati (hereinafter referred to as 'the property in dispute'). On 25.02.1993, the revised Development Plan E. P. of City of Amravati was sanctioned by the State Government and the same was published. In the said revised Development Plan, the property in dispute was reserved for primary School, having Reservation Site No. 96, and open space vide Reservation Site No. 97. The period of 10 years expired on 25.02.2003. The petitioner, therefore, on 16.11.2014 issued notice as contemplated by under Section 127 of the M.R.T.P. Act, which was served personally in the office of respondent nos. 2 and 3. The said notice was acknowledged by respondent nos. 2 and 3 on 17.11.2014. The period of one year, which was prescribed on the date of issuance of notice, expired on 17.11.2015. The amendment in Section 127 of the M.R.T.P. Act thereby increasing the period of 12 months to 24 months came into force from 31.12.2015. Even on expiry of the amended period of notice of 24 months on 17.11.2016, no steps as contemplated by Section 126(2) of the M.R.T.P. Act read with Section 19 of the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2003 were taken and therefore, on 19.12.2016, the petitioner filed the present petition.