PRAMOD V.BHATT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Learned A.G.P. waives service on behalf of Respondent nos. 1 and 2. Mr.Savagave waives service for the respondent no.3. By consent of parties, petition is heard finally.

(2.) The petitioners by the present petition filed under Article 226 of the Constitution of India is seeking declaration that reservation at serial no.18 in the Revised Development Plan, 1985 of the Respondent no.3 - Kurundwad Municipal Council for open space in land bearing CTS No. 1750/A and 1751 totally admeasuring 300.6 sq.meters situated at Kurundwad, Taluka Shirol, District Kolhapur (hereinafter referred to as "the said land") is deemed to have lapsed by operation of law. It is the contention of the petitioners that the said revised sanctioned development plan came to be published by the Planning Authority i.e. respondent no.3 in the year 1985 in which the said land came to be reserved for open space at serial no.18. It is further contention of the petitioners that the petitioners sent notice dated 2.1.2018 as mandated under section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) to the respondent no.3 being the planning authority for initiating steps towards acquisition of the said land within a period of 24 months. It is further contention of the petitioners that although the said two years period has expired on 2nd January, 2020, no steps in furtherance of acquisition were taken as contemplated under section 127 of the MRTP Act are taken within the said period and therefore, the reservation has deemed to have lapsed.

(3.) The Respondent no.3 has filed affidavit in reply dated 13 th October, 2020 of it's Chief Officer and stated that the notice issued under section 127 of the MRTP Act has been received by the respondent no.3 on 10th January, 2018 and thereafter on 12th September, 2019 Chief Officer of Kurundwad Municipal Council issued a letter to the Collector, Kolhapur and submitted the proposal about the land in question for acquisition as per the provisions of law to the Collector and also a copy of the same was forwarded to the Assistant Director, Town Planning. It is further submitted that the resolution dated 16.7.2019 of the General Body meeting of the respondent no.3 by which decision was taken to acquire the said land was also annexed along with the said proposal. However, the said affidavit is silent upon further steps taken.