YASHWANT GOVIND SAKHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

(2.) By this petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a direction to the Respondents to confirm the lapsing of reservation and release of their land under the provisions of Sec. 127 of the Maharashtra Regional Town Planning Act, 1966 (for short 'MRTP Act, 1966').

(3.) The petitioners claim to be the owners of land bearing Gat No.2330 (new Gat Nos.1344/1 and 1344/2), admeasuring 23 H. 45 R, situated within the limits of the Wagholi Grampanchayat at village Wagholi, Taluka-Haveli, District-Pune. It is the case of the petitioners that they received a letter dtd. 31/7/1999 from the office of respondent no.11-the Assistant Director of Town Planning, Pune, stating that as per the State Government's notification issued by the Town Planning department dtd. 25/11/1997 bearing TPS/1895/227/Pr.Kr.26/95/NV-13, a Town Planning scheme has been sanctioned for the area of entire Pune district and came into force w.e.f. 10/2/1998. As per the said Town Planning scheme, the reservation was enforced by the respondents for the construction of the proposed road of (i) 60 meters in the direction of West to East on the Pune Nagar road ; (ii) 30 meters - in the direction of West to East, and (iii) 24 meters - in the direction of South -West to East in respect of portion about an area of 23675 sq. meters, which are forming part and parcel of land, bearing Gat No. 2330.