SUNIL MALLIKARJUN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned A.G.P. waives service for respondent nos. 1 to 3. Learned counsel waives service for the respondent no.4. Rule is made returnable forthwith.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the reservation in respect of the property viz. Reservation No. 12/33 (Mela Ground) of the petitioner has lapsed under the provisions of sec. 127 of the Maharashtra Regional And Town Planning Act, 1966 (for short the said MRTP Act). The petitioner has also prayed for a writ of certiorari for quashing and setting aside the letter dtd. 23/2/2018 addressed by the Joint In Charge Assistant, Joint Director of Town Planning Solapur, Municipal Corporation Solapur, letter dtd. 30/7/2020 addressed by the Joint Director of Town Planning, Pune Region, Pune to the Director of Town Planning and letter dtd. 9/9/2020 addressed to the petitioner by Assistant Director of Town Planning, Solapur Municipal Corporation, Solapur. Some of the relevant facts for the purpose of deciding this petition are as under :-

(3.) The petitioner is the owner of the land bearing survey no. 40/1/A out of which the land admeasuring 0.52 hectors (approximately) from survey no. 40 (Part), Shelgi is reserved as Reservation site No. 12/33 'Mela Ground'. The respondent no.4 Corporation is an appropriate authority for the acquisition and the development of the said reserved site. The Development Plan of Solapur Municipal Corporation was finally sanctioned on 28/10/2004 showing the said reservation of the said portion of the said land as Mela Ground.