NIRMALA J. TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above Interim Application is filed seeking condonation of delay of 30 days in filing the above Review Petition. Having heard the learned counsel for the parties, the delay is condoned, and the Interim Application is accordingly disposed of.

(2.) The above Review Petition is filed by the Review Petitioners (the Original Petitioners in the above Writ Petition) seeking a review of the order passed by this Court on 3/12/2019 (hereinafter referred to as the "order under review"). By the said order, the Writ Petition was disposed of as infructuous in light of the affidavit filed by the Municipal Corporation of Greater Mumbai ["MCGM"] (Respondent No.3 to the above Writ Petition) dtd. 11/3/2019.

(3.) The Petitioners had filed the above Writ Petition seeking a declaration under sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act") that the reservation on their land admeasuring 4207.07 sq.mtrs bearing City Survey No. 43 situated at P/South Ward, Village Goregaon, Taluka Borivali [for short, the "said land"], had lapsed. In the said Writ Petition, the MCGM filed an affidavit dtd. 11/3/2019 wherein it was stated that the Collector (MSD) had notified the said land for acquisition under sec. 126(4) of the MRTP Act read with sec. 19 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, as the same was required for a public purpose. This publication was done on 23/2/2017. Since steps for acquisition of the said land were taken by publishing a declaration under sec. 126(4) of the MRTP Act within a period of twenty-four months from the date of service of the purchase notice dtd. 27/2/2015 [as contemplated under the amended provisions of sec. 127 of the MRTP Act], we held that nothing survived in the above Writ Petition and hence disposed of the same as being infructuous.