FARDOON MANEKJI DALAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Desai for the petitioners, Mr. Sonawane, Assistant Government Pleader for respondent nos. 1 and 3 and Mr. Prafulla Shah, for respondent no.2.

(2.) THE petitioners herein are owners of an immoveable property bearing Final Plot No.521 situated at Panchgani, District Satara, admeasuring about 7 Hecters 98 Ares. From this parcel of land, Office of respondent no.3 (Director of Town Planning) reserved two parcels for development under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the MRTP Act). One of the sites marked as site no.6 was reserved for housing urban poor people and another site, viz. site no.7 was reserved for the Office of the Motor Vehicle Department. This was sought to be done while revising the draft development plan of the Panchgani Municipal Council.

(3.) IN the circumstances, being aggrieved by the said notification issued by the Director of Town Planning dated 12th May, 1988 , the petitioners filed the present petition seeking to quash and set aside the same. They also sought as interim relief vide prayer clause (c) restraining the respondents from proceedings to implement and/or taking any action in pursuance of the said notification dated 12th May, 1988 . The petition was admitted by this Court and the interim relief in terms of prayer clause (c) came to be granted. The Panchgani Municipal Council as well as the Assistant Director of the Town Planning, Satara have filed their replies.