JAWAHAR HIRALAL MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a declaration that the reservation of the Petitioner 's land under the development Plant of Solapur for 1997- 2017 for the Elevated Service Reservoir (ESR) purposes under the reservation no. 16/6 - admeasuring 1543 sq.mtrs., situated at Survey No. 27/3 (part), Nehrunagar, Bijapur Road, Solapur, (for short "the said land ") has lapsed. Petitioner also prays for 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 Petitioner, 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 Petitioner was reserved for Elevated Service Reservoir (ESR) purpose.