GANPAT SHRIPAT GOTRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(3.) The petitioner, by way of this writ petition, is praying for releasing of his land by issuance of a writ of Mandamus or any other appropriate writ. The petitioner's land admeasuring 0 H. 69 R. bearing C.T.S.No.404/3 is situated within the limits of respondent no.6 Chalisgaon Municipal Council. The said land is adjacent to the relevant plan as provided under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 ( hereinafter referred to as "the MRTP Act"). It is the contention of the petitioner that under Section 38 read with Section 23(1) of the MRTP Act, the revision of the development plan of respondent no.6 Municipal Council was undertaken by notification dated 9th July, 1987, after inviting objections under the provisions of Section 28 of the MRTP Act.