VIJAYSINGH SURENDRA SINGH GAHILOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, the Petitioners are challenging the Notification dated 20 June 2002 issued by the Special Land Acquisition Officer, Akola, declaring the proposed acquisition of the lands owned by the Petitioners. The Petitioner has also sought a declaration that reservation No. 6 declared by Respondent No. 7 - Municipal Council Patur has lapsed.

(2.) It is a case of the Petitioners that the Petitioners are owners of Survey No. 244 (New 245) at Patur, District Akola. The Respondent No. 7 - Municipal Council Patur was the Planning Authority for the city of Patur as per the Maharashtra Regional and Town Planning Act, 1966 (for short the "Act of 1966'). The Respondent No. 7 - Municipal Council Patur prepared a draft Development Plan, and lands of the Petitioners were reserved for extension of secondary school. The Development Plan was approved in the year 1976. Thereafter, Petitioner No. 3 issued a notice to Respondent No. 7 -Planning Authority that no acquisition has taken place for over 20 years in the reserved land and called upon Respondent No. 7 -Planning Authority to take necessary action.

(3.) According to the Petitioners, since no steps were taken within the period prescribed under Section 127 of the Act of 1966, the reservation has lapsed.