VIJAYKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of parties. Learned AGP waives notice for respondent No.l. Mr. Munde, Advocate waives notice for respondent No.2. Heard learned counsel for the parties.

(2.) The question that falls for our consideration in this writ petition under Article 226 of the Constitution of India, is as follows :-"Whether the reservation has lapsed by reason of inaction on the part of the planning authorities under the Maharashtra Regional and Town Planning Act, 1966 (for short, "the MRTP Act") to take steps within a period of six months from the dale of service of the notice of purchase, as stipulated by Section 127 of the MRTP Act."

(3.) Brief facts, sans unnecessary details, for deciding the question raised in this petition are that the petitioner is owner of lands bearing Survey No. 386 admeasuring 2.78 H and Survey No.389 admeasuring 1.23 H. situate within the limits of Municipal Council. Jalna. These lands are contiguous lands together admeasuring 4.1 Hectares (for short, "the said lands"). The final development plan for Jalna city was notified and brought into force on 15.5.1989. In the development plan, part of said lands, to the extent of 1.32 H was reserved for primary school, play ground, and rehabilitation of persons affected by development plan, as reservation Nos.54, 55 and 56 (for short, "the reserved land"). In February, 2004, the State Government effected minor modification in the development plan of Jalna, whereby, the position of the aforesaid reservations was shifted without touching the area of reservation. The Collector, vide order dated 29.3.1996, granted permission to the petitioner to use the remaining area of the said land for residential purpose.