ASHOK VITHOBA RUGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE subject-matter of this writ petition pertains to the land admeasuring 26257 sq. ft. of Revision Survey No. 599, Hissa No. 6-A, situate at Ichalkaranji, District Kolhapur. The petitioner prays that it be declared that the said land stands released from reservation, allotment or designation as open space (play ground) from Ichalkaranji final development plan sanctioned vide notification dated 25-5-1981 and it be further declared that petitioner is entitled to develop this land and respondent No. 2 be directed to restore possession of the said land to the petitioner.

(2.) THE petitioner claims to be owner of the aforesaid land. Originally Revision Survey No. 599, Hissa No. 6-A, admeasured 52514 sq. ft. The petitioner had half share to the extent of 26257 sq. ft. therein. Petitioners cousins had remaining half share in the said land. By notification dated 29-5-1964, the State Government sanctioned development plan of Ichalakaranji Town with effect from 1-8-1964. In the said plan, the land being Revision Survey No. 599, Hissa No. 6-A was reserved as open space. By further notification dated 25-5-1981, the revision of the said land continued in the revised development plan with effect from 1-8-1981. The petitioners cousins who had half share in the Revision Survey No. 599, Hissa No. 6-A made an application to respondent No. 2 viz. Municipal Council of Ichalkaranji on 26-9-1984 for acquiring their land. By letter dated 14-3-1985 the respondent No. 2 informed the petitioner as well that they are prepared to purchase his land in Revised Survey No. 599, Hissa No. 6-A and asked the petitioner to give his consent in writing. In response thereto, the petitioner on 20th May, 1985 informed respondent No. 2 that he was agreeable to sell his land at the price payable in accordance with Government Rules and respondent No. 2 was requested to proceed further in the matter. The co-owners of land Survey No. 599, Hissa No. 6-A on 5th August, 1986 sent their consent for selling their land to respondent No. 2 by private negotiation. Respondent No. 2 on 27th August, 1986 adopted resolution for acquisition of land Survey No. 599, Hissa No. 6-A in the ownership of petitioner and his co-shares and payment of the price in accordance with Government Rules. On 23rd October, 1986, the possession of the petitioners land was taken by respondent No. 2. After the possession was taken on 23rd October, 1986, the steps for fixation of price of the land in question were taken and the Assistant Town Planning Officer on 15th June, 1987 fixed the price at the rate of Rs. 100/- per sq. mtr. payable to the petitioner and other co-owners. The other co-owners accepted the compensation as was determined on the basis of the price fixed by Assistant Town Planning Officer but the petitioner did not accept. It appears that thereafter petitioner issued notice to respondent No. 2 under section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short M. R. T. P. Act) which was served on respondent No. 2 on 6-4-1990. It is petitioners case that no steps for acquisition of the petitioners land was taken by respondent No. 2 until expiry on 6-10-1990 i. e. within six months from the service of notice under section 127 and therefore, the reservation lapsed and he is entitled to restoration of the said land.

(3.) BEFORE we proceed further be it noted that initially, this writ petition was dismissed summarily on 25th January, 1994 by the following order:---