BHAGWANRAO Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) The petitioner claims to be the owner of land bearing Survey No.331/2 to the extent of 0.89 HR. The said land was subjected to Reservation No. 28 in the Development Plan of the city of Umarkhed. Reservation was for the Housing Scheme for the displaced persons. Since no steps were taken by the Municipal Council to acquire the said land for the purpose for which it was reserved, the petitioner issued notice under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, 'the Act of 1966') on 3/6/2019. In response thereto, the Municipal Council failed to take any steps whatsoever. On expiry of the period of twenty four months, the present writ petition has been filed seeking a declaration that the aforesaid reservation has lapsed.

(3.) Heard the learned counsel for the parties and perused the documents on record. The issuance of notice under Sec. 127 of the Act of 1966 and its receipt is not seriously disputed by the Municipal Council in its reply dtd. 21/9/2022. On the contrary, it is stated that by letter dtd. 13/11/2013, the Municipal Council was called upon to deposit the amount of Rupees Twenty Four Lakhs by the Sub-Divisional Officer. Though the Municipal Council submitted the cheque for the aforesaid amount alongwith its communication dtd. 20/8/2014, the proposal was directed to be re-submitted by the Sub-Divisional Officer. Pursuant thereto such proposal was again submitted on 11/8/2017. There has been no further progress in the matter.