GEETA PRAVINDCHANDRA KHATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard finally.

(2.) The land to the extent of 9715 Square Meters of Mouza Rahatgaon, Tahsil and District Amravati was subjected to reservation in the final development plan of the city of Amravati that was published on 4/12/1992. The petitioners had issued notice under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, 'the Act of 1966') seeking a declaration as regards lapsing of the said reservation on the ground that no steps were taken by the Municipal Corporation for acquiring the same within a period of ten years from the publication of the final development plan. Writ Petition No.4416 of 2015 [Geeta Pravinchandra Khatri & Another Versus State of Maharashtra & Others] was allowed by the judgment dtd. 14/12/2015 by this Court and a declaration as regards lapsing of the reservation came to be issued. Notwithstanding the aforesaid, it is the grievance of the petitioners that in the revised development plan the said land is again shown to be reserved for Public Amenities and Playground vide Reservation Nos.49 and 50.

(3.) The petitioner no.2 in person submits that a similar issue was considered in Writ Petition Nos.745 of 2020 [Vidyadevi Hemantkumar Vyas Versus State of Maharashtra & Others] and 746 of 2020 [Kiran Prashant Vyas Versus State of Maharashtra & Others ]. These lands were part of the same survey number and a declaration as regards lapsing was issued in the earlier litigation. It was held that in view of the lapsing of the said reservation the lands could not have been shown to be reserved in the revised development plan.