VIJAYKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard finally at the stage of admission.

(2.) By the present writ petition under Articles 14, 19(l)(g), Articles 226 and 300-A of The Constitution of India, the petitioner has approached this Court for issuance of writ of mandamus, directing respondents to confirm lapsing of reservation and release of land from reservation no.57 over an area of 4000 Sq.Mtrs. of C.T.S. No.6758, within the limits of Jalna Municipal Council, Jalna. under Final Development Plan in respect of Jalna City in ownership and possession of the petitioner, and also prayed for issuance of appropriate writ for the declaration that reservation no.57 over land bearing no.CTS No.6758, within the Municipal Limits of Jalna stands lapsed and the said land is released from the reservation under Final Development Plan of Jalna city and for issuance of writ directing respondent no. 1 to notify the lapsing of reservation no.57 over an area of 4000 Sq.Mtrs. on land bearing CTS No.6758 within the limits of Jalna Municipal Council and the same be directed to be published in official gazette, in pursuant to section 127(2) of The Maharashtra Regional and Town Planning Act, 1966.

(3.) It is contended by the counsel for petitioner that the petitioner is owner of land bearing CTS No.6758, within the limits of Municipal Council, Jalna admeasuring about 13890 Sq.Mts. Out of the said land, land admeasuring about 40 R's equivalent to 4000 Sq.Mts. From the said city survey no., have been reserved for the Primary School and playground under reservation no.57 in the Final Development Plan of the Jalna Municipal ouncil, Jalna. The said Final Development plan as notified and brought into force on 15/05/ 989. It is further contended that resolution o.57 came to be passed by the Jalna Municipal Council, respondent no.2, on 27/05/2002 by the Planning Authority. It is further contended that the aforesaid reservation had neither been persuaded nor acted upon over last 21 years. It is further contended that no steps of acquisition of land under resolution had been ever taken. On 28/09/2009, petitioner issued purchase notice u/s.127 of The M.R.T.P. Act. The said notice was served on respondent no.2 and received by respondent no.2 on 29/09/2009. Section 127 of The M.R.T.P. Act (Amended) and the amended provisions of the M.R.T.P. Act were published in the Government gazette on 25/06/2009. It is further contended that under the amended provisions of the Act, period of 6 months referred u/s.127 of The M.R.T.P. Act, for taking action had been enlarged to 12 months by virtue of the amendment of the Amended Act of 2009. Failure to take steps of acquisition, the reservation over the land would lapsed and would be deemed to be de-reserved. The said period of 12 months for taking steps of acquisition of land has been expired as referred under the Amended Section 127(1) of The M.R.T.P. Act on 28th/29th October, 2010. It is further contended that the petitioner issued notice to confirm the lapsing of the reservation and for release of the land and to intimate the same to the State Government to able it to notify and requesting to do the same by 11th October, 2010 vide notice issued dated 30th September. 2010. The said notice was served on the 2nd respondent on 01/10/2010. As no response is received whatsoever to the aforesaid request given to the respondents in respect of the said reservation, hence the present petition.