SHIORANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN these three writ petitions the acquisition of lands under the provisions of section 126 of the Maharashtra Regional and Town Planning Act, 1966 (Act for short) is under challenge. Though the challenge is on various grounds, the common challenge in all of them is based on the interpretation of the above section.

(2.) WHEN the writ petitions came up for hearing before a Division Bench of this Court, the learned Counsel appearing for the petitioners contended, relying upon the Division Bench of this Court in the case of (Sant Joginder Singh Kishinsingh v. State of Maharashtra) 1989 (3) Bom. C. R. 458 :1989 Mh. L. J. 819, that as the declarations in question for acquisition in accordance with sub-section (2) of section 126 were made after the expiry of three years from the date of publication of the draft development plans, they were clearly illegal in view of the proviso to the said sub-section and therefore liable to be quashed. Though the above judgment fully supported the contention of the writ petitioners, the Bench could not agree with the same, particularly in view of the judgment of the Supreme Court in the case of (Municipal Corporation of Greater Bombay v. Dr. Hakimwadi Tenants Association) 1988 (1) Bom. C. R. 578 (S. C.) : 1988 Mah. L. J. page 1, and referred the following question for determination by a Larger Bench :

(3.) TO seek an answer to the above question, it will be profitable at this stage to extract section 126 of the Act :