VINOD RAMNARAYAN AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally.

(2.) In this petition under Article 226 of the Constitution of India, the petitioners in substance are seeking the reservation placed on their property bearing Sy. No. 466/2+3 of village Mehrun Tq. & Dist Jalgaon to the extent of 1421.75 square meters reserved for 18 meter wide development plan road of the respondent No. 5-Municipal Corporation as having lapsed as contemplated under Sec. 127(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter the M.R.T.P. Act).

(3.) It is averred that the petitioners are owners of the aforementioned entire land and got its layout duly approved when the respondent No. 5 was a Municipal Council, on 19/8/1997. After its transformation as a Municipal Corporation, a development plan was sanctioned by the Government in two phases, first on 7/3/2002 and in respect of the excluded part, on 10/8/2004. In such development plan, a portion to the extent mentioned herein above was reserved for 18 meter wide development plan road. Since no steps were taken towards acquisition of the petitioners' property as is contemplated under Sec. 126 of the M.R.T.P. Act read with Sec. 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioners issued a notice as contemplated under Sec. 127 of the M.R.T.P. Act on 7/9/2017. The respondent No. 6 who is the Assistant Director of Town Planning of the respondent No. 5 Municipal Corporation rejected the notice by his communication dtd. 16/11/2018 on the ground that since the development plan road is nothing but an existing road from the approved layout of the petitioners' land, its acquisition was not necessary to be undertaken. Hence this petition.