EKNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel for the parties.

(2.) The petitioner claims to be a joint owner of agricultural field bearing Survey No.293/1 Mouza Warud, District Amravati. Part of the aforesaid land admeasuring 4382 sq. meter from 0.71 Are was the subject matter of reservation in the draft development plan that was sanctioned on 16/7/2007. That land was shown as reserved for ring road as well as for playground as per Reservation No.52. Since the period of 10 years expired without any steps being taken by the Municipal Council, Warud, the petitioner on 7/5/2018 and 30/6/2018 issued notice under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, 'the said Act'). By these notices, the Municipal Council was called upon to take necessary steps for acquisition of the aforesaid land pursuant to the reservation made in that regard. Since no steps were taken for the period of more than 24 months, the petitioner has approached this Court seeking a declaration that the aforesaid reservation stands lapsed.

(3.) Despite notice being issued on 25/9/2020 there was no appearance for the respondent no.2-Municipal Council. Hence on 13/12/2021 one opportunity was granted to the respondent no.2 to contest the writ petition. Despite grant of such opportunity, the respondent no.2 has chosen not to contest the writ petition.