DILIP SHANKAR KHUJAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 14th August, 2012, a notice was issued by this Court. While adjourning the Petition on 15th March 2013, we had put the learned Counsel appearing for the parties to the notice that the Petition will be taken up for final disposal. The third respondent is the Tasgaon Municipal Council which is the Planning Authority within the meaning of sub-section (19) of Section 2 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the Town Planning Act"). The third Respondent Tasgaon Municipal Council is the Planning Authority as it is a local authority within the meaning of sub-section (15) of Section 2 of the Town Planning Act being a Municipal Council under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (hereinafter referred to as "the said Act of 1965").

(2.) The Petitioners are the owners of the land bearing Survey No. 208A/1 to 5 (hereinafter referred to as "the said lands"), situated within the limits of the third Respondent Municipal Council.

(3.) In exercise of powers conferred by sub-section (1) of Section 31 of the Town Planning Act, the first Respondent State of Maharashtra sanctioned the development plan for the city of Tasgaon subject to modifications of minor nature as specified in the schedule appended to the notification: By the said notification, it was declared that 1st March, 1993 shall be the date on which the said development plan shall come into force.