SHYAMKUMAR GOKULDAS RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The petitioner no.1 is the owner of land bearing Survey No.171 admeasuring 3 H 45 R of Mouza-Malkapur, Tq. Malkapur, District Buldhana. In the revised development plan of the City of Malkapur the aforesaid land was shown as reserved for Garden vide Reservation No.41, Playground vide Reservation No.45, Primary School and Playground vide Reservation No.49 as well as thirty meter DP Road. Since the aforesaid land was not acquired for the purpose for which it was reserved in the development plan, the petitioner no.1 on 21/12/2020 issued notice under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, the Act of 1966). Despite expiry of period of twenty four months, no steps were taken by the Planning Authority to acquire the aforesaid land. Thereafter on 16/2/2023 the petitioner no.1 sold land admeasuring 1 H 09 R to the petitioner no.2 and land admeasuring 1 H 10 R to the petitioner no.3. In the aforesaid backdrop the petitioners seek a declaration that the reservation of the aforesaid land has lapsed under Sec. 127 of the Act of 1966.

(3.) In the affidavit in reply filed by the respondent no.4 receipt of the notice under Sec. 127 of the Act of 1966 has been admitted. It has been further stated that the financial position of the Municipal Council is not sound and hence the requisite amount for acquiring the said land was not deposited with the State Government.