MADANLAL LALCHAND JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of the parties petition is heard finally.

(2.) The petition is filed under Article 226 of the Constitution of India for issuing writ of mandamus to the effect that the lands of petitioner need to be treated as released from reservation made under Maharashtra Regional Town Planning Act [for short MRTP Act]. The petitioner is the owner of land survey no.30/1 and 36/1/A situated at Nandurbar. The area of the first land is 8700 Sq.Mtrs. and the second land is 3807.50 Sq.Mtrs. The Draft Development Plan for Nandurbar came to be published on 14/2/1976 under the provisions of MRTP Act. The said plan was sanctioned by the State Government on 6/1/1979 and it came into effect from 19/3/1979. It is contended that the area of 4500 Sq.Mtrs. of land survey no.30/1 and the area of 3807.50 Sq.Mtrs of the second land came to be reserved under the Draft Development Plan and they were together given Site NO.6 in the plan.

(3.) It is the case of petitioner that even after 27 years of the date of coming into force of the Development Plan, the respondents who include the acquiring body and the State Government, did not take any steps for acquisition of the lands. It is contended that the petitioner issued two notices on 21/2/2006 and 29/5/2006 under the provisions of Section 127 of MRTP Act and called upon second respondent, municipal council to acquire the reserved lands. It is contended that both the notices were received by the respondents but no steps were taken for acquisition of the lands. It is contended that the municipal council in general body passed resolution on 27/5/2006 under Resolution No.12 to the effect that it is unable to acquire aforesaid lands for the purpose of which they are shown to be reserved in Development Plan. The lands are shown to be reserved for garden. It is contended that as no effective steps were taken for acquisition of lands within 6 months from the date of the notice, a declaration needs to be made that the lands are released from the reservation.