PADAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The frst petitioner is the mother of the second and the third petitioners. They claim to be owners of land bearing Survey No. 362/2B1, admeasuring 1 H 44 R, situated at Chalisgaon, Tq. Chalisgaon, District Jalgaon.

(2.) The development plan for Chalisgaon sanctioned in the year 1989 provided reservation for a "play-ground" to the extent of 1813.43 square meters of Survey No. 362/2B1.

(3.) Despite lapse of two decades after sanction of the said development plan, no proceedings were initiated by the respondents to acquire the part of Survey No. 362/2B1 which was reserved for a "play-ground". On 19/7/2013, the petitioners invoked the provisions of Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereafter "MRTP Act" for short) by service of notice upon the planning authority, i.e., Chief Ofcer, Municipal Council, Chalisgaon, District Jalgaon, respondent no.4. He was called upon to initiate proceedings under Sec. 126 of the MRTP Act read with Sec. 6 of the Land Acquisition Act, 1894.