ASHA SUNIL ZAWAR, Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The petitioner approached this Court under Article 226 of the Constitution, seeking the declaration of de-reservation and release of her land reserved in the Development Plan under section 127 of the Maharashtra Regional and Town Planning Act 1966 ( the 1966 Act for short).

(3.) The brief facts necessary for the disposal of this petition are that the land survey no. 118/4/1 of Mauje Nimkhedi shivar, Tq and District Jalgaon (hereinafter referred to as 'reserved land'), at the time of its reservation, was owned by Shirsale family. The petitioner purchased the reserved land by sale deeds dated 19.05.2011 and 29.04.2014 and acquired exclusive ownership. The reserved land was reserved for Town Hall and Library in the final Development Plan of the excluded part (EP) of Jalgaon (Additional Area) published on 01.10.2014. Since the respondents did not acquire the reserved land under section 126 of the 1966 Act within ten years of its reservation, the petitioner served a notice dated 29.09.2017 under section 127 of the 1966 Act on respondent no. 3. Respondent no. 3 received the said notice on 11.10.2017. Respondent no. 3, by reply dated 16.12.2017 and 12.03.2019 offered the compensation of Transferable Development Rights (TDR for short) to the petitioner. However, the petitioner declined the TDR by her letter dated 16.03.2019 and claimed monetary compensation by acquiring the land following the procedure as prescribed in the Land Acquisition Act. The respondent corporation passed a resolution no.79 in its General Meeting dated 21.02.2019 that, considering the financial condition of the Corporation, instead of monetary compensation, TDR should be offered to the petitioner. In its letter dated 16.12.2017, the Planning Authority had objected that since the final 7/12 extracts are not attached, it is impossible to confirm the purchase notice.