ASHOK KUMAR KACHRULAL ABAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Kale, learned Counsel for the petitioners. Rule. Respondents waive service. With consent, Petition is taken up for final hearing forthwith.

(2.) BY the present petition, petitioners seed relief of a direction to dereserve the land bearing survey No. 548, 549 and 560 situated at Jalna from the respective reservation mentioned in the notice dated 31. 12. 2001. It is the case of the petitioner that the respondent No. 3 which is a Planning Authority under the provisions of the Maharashtra Regional and town Planning Act, 1966 (hereinafter referred to as "the Act") had prepared and published draft development plan of Jalna city on 15. 6. 1985. Out of that, certain areas from survey No. 548, 549, 560 were reserved. The said draft development plan was modified under section 28 and 29 of the Act, by the respondent No. 3. In terms of the modification, certain lands were reserved which were notified as reserved sites bearing Nos. 83,84,85, 86 and 87. Similarly, site Nos. 88 and 89 are reserved in survey no. 548/549. Apart from that another reservation is shown in Survey no. 549, 560 as also in survey No. 560 as reservation site No. 72. The final development plan has been sanctioned on 25. 8. 1989. It is the case of the petitioner that the land is neither developed nor the same is acquired by the respondent authorities within 10 years. On expiry of 10 years, it is the case of the petitioner that they had given purchase notice under section 127 of the Act of 1966. Inspite of the notice, which is dated 31. 12. 2001, the respondent No. 3 has taken no steps to acquire the land reserved. On failure by the respondents to release the land, the present petition.

(3.) ON behalf of the respondent Nos. 1 and 2 affidavit has been filed by Gulab Ratan More, working as Special Land Acquisition Officer in the office of the Collector, Jalna. It is stated therein that there is no proposal received from the Municipal Council, Jalna, for acquiring the land bearing Survey No. 548, 549, 560. On behalf of Respondent No. 3, reply has been filed. On the basis of the reply, various contentions have been raised.