APPASAHEB GURUSIDDHAPPA LAKSHETTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of learned Counsel for the parties.

(2.) By this Petition filed under Article 226 of the Constitution of India, the Petitioners seek a declaration that the reservation of the Petitioners ' land under development Plan of Solapur 1997-2027 for the Primary School purpose under the reservation no. 3/53 - admeasuring 4092 sq. mtrs., sub-plot Nos. 41 to 45 and 49 to 54 situated at T. P. Scheme No. 2, Final Plot No. 94, Ravivar Peth, Solapur City, Solapur (for short "the said land ") has lapsed. Petitioners also pray for a direction to the Respondents to forthwith notify the lapsing of reservation of lands in the official Gazette as required under sec. 127(2) of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act ") with further direction to the Respondent No. 2 -Municipal Corporation to grant the necessary development permission to the Petitioners, being the owner of the land, for the purpose of development as otherwise, permissible in the case of adjacent land under the Plan.

(3.) The Government of Maharashtra (Respondent No.1) vide its Notification dtd. 28/10/2004 (Exhibit "A " to the Petition) sanctioned Development Plan for Solapur for 1997-2017 which was brought into effect from 15/12/2004. The Development Plan was submitted to the Government for its approval by the Solapur Municipal Corporation (Respondent No.2, which is the Planning Authority) on 5/3/2002. Under the above Development Plan, the said land of the Petitioners was reserved for the Primary School purpose.