SANGHVI ERECTORS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr.Alaspurkar, learned A.G.P. waives service for the respondent no.1. Mr.Patil, waives service for the respondent no.2. Rule is made returnable forthwith.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a declaration that the reservation, designation, allotment, indication or restriction on the development of the land admeasuring 3032 sq.mtrs. has lapsed and the said land is available to the petitioner for the purpose of development, otherwise permissible in the case of adjacent land, under the sanctioned Development Plan of Pune City.

(3.) The petitioner also seeks a writ of mandamus against the respondent no.1 to issue appropriate declaration and notify the same in the Government Gazette as provided in sec. 127(2) of the Maharashtra Regional and Town Planning Act, 1966. Some of the relevant facts for the purpose of deciding this petition are as under :-