SANJAY KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) Petitioner has the ancestral field Gat No. 372 at village Manwat. The land measuring 3 H 30 R out of the said field was reserved for Civic Centre and Stadium under Maharashtra Regional and Town Planning Act 1966 ('MRTP Act' for short) by revised Development Plan dtd. 30/8/2002. In 2015, the petitioner had consented to acquire his field in favour of respondent no.2. The petitioner and respondent no.2 had executed a consent deed on 23/3/2015, however, no steps were taken by respondent no.2 to purchase the land and it has shown inability to purchase his land. The petitioner accordingly served a notice under sec. 127 of the Act dtd. 28/9/2018 which the Respondent no.2 received on the same day. The statutory period of 2 years to acquire the land after the notice under sec. 127 of the MRTP Act has also lapsed, but no steps to acquire the land as provided under the said sec. have been taken by respondent no.2. Hence, his land is liable to be released from the reservation. Hence this petition.

(3.) The contesting respondent no.2, through its Chief Officer, in its affidavit in reply has, admitted the material facts of reservation of the land and service of the purchase notice by the petitioner. Respondent no.2 had immediately forwarded the notice issued by the petitioner to the President of Municipal Council Manwat for necessary action. However, the President endorsed that as the financial position of the Council is not good, therefore same will be considered in future. He has fairly conceded that yet no steps have been taken to acquire the