GOPAL KRISHNA RAUT Vs. COMMISSIONER PUNE

JUDGEMENT

(1.) PETITIONER is seeking directions that the land bearing no. 27 in Survey No. 41/4, 44 and 46/7 at Shila Vihar Colony poud Road, Phata, Erandawane, Pune be declared as unreserved and that the petitioner be permitted to develop the said plot and that the petitioner be paid compansation at the market rate fact:

(2.) PETITIONER is the owner of Survey No. 27 Plot No. 41/4, 44 and 46/7 at Shila Vihar Colony, Paud Road Phata, erandawane, Pune. A development plan was published in Pune city in the year 1972 and, in the said plan, the aforesaid plot was shown under reservation for public purpose viz. "ring Railway". In the subseqeunt development which came in to force in the year 1987, the said plot of land was shown under reservation of "high Capacity Mass Transport Route".

(3.) SINCE the land was not acquired and the Government failed in its duty in giving effect to the reservation for more than 20 years, the petitioner sent a purchase notice to respondent Nos. 1 and 2 dated 22/9/2000 under section 127 of the Maharashtra Regional Town Planning Act, 1966. The said notice was received by respondent Nos. 1 and 2 and by letter dated 10/10/2000, respondent No. 2 informed the petitioner that the purchase notice sent by him was rejected as he had not annexed 7 X 12 extract of the said land as also City survey Measurement Map and Zoning Demarcation Map of the development Scheme along with the said notice. Petitioner gave reply to the said notice informing respondent Nos. 1 and 2 that it was not necessary to supply the said documents as demanded by the Municipal Corporation. Petitioner's case in the petition is that since no steps had been taken within a period of six months from the date of the said notice, the said reservation was deemed to have been lapsed and he was entitled to develop the said land. In spite of the said position, since respondent NOB. 1 and 2 were not permitting him to develop the land, he has filed the present Petition.