PURSHOTAM VISHANDAS RAHEJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus against the respondents to forthwith withdraw the acquisition proceedings initiated by Notification dtd. 22/7/2004 in respect of the petitioner's land and to forthwith allow the petitioner to develop the petitioner's land on the basis of lapse of reservation.

(2.) The petitioner also prays for a declaration that on the basis of the purchase notice issued by the petitioner on 12/5/2003, the respondents have not acquired the land of the petitioner or taken steps for its acquisition by issuing a declaration under Sec. 126 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act") read with Sec. 6 of the Land Acquisition Act, 1894 within six months from the date of service of purchase notice and thus the reservation of the writ land stands lapsed.

(3.) The petitioner also prays for a writ of certiorari for quashing and setting aside the Notification dtd. 22/7/2004 issued by the respondents under Sec. 126 of the MRTP Act read with Sec. 6 of the Land Acquisition Act. Some of the relevant facts for the purpose of deciding this petition are as under :-