YOUTH LEAGUE RECREATION CENTRE Vs. MUNICIPAL COUNCIL BULDHANA

JUDGEMENT

(1.) BY the present petition, a declaration is sought that the land which was reserved for children's part under the development plan stood dereserved by virtue of the provisions of section 127 of Maharashtra regional Town Planing Act, 1966 (hereinafter referred to as M. R. T. P. Act ).

(2.) THE petitioners are the owners in respect of land admeasuring about 21,275 sq. ft. bearing plot No. 18 situated on Nazul Sheet No. 10 within the limits of Municipal Council of Buldhana. It is the case of the petitioners that the said land was reserved for children's part in the development plan which was sanctioned on or about 24th June, 1975. The said plan according to the petitioners came into effect on 1st September, 1975. According to the petitioners, there was further minor modification to the said plan but, the reservation remained undisturbed. However, according to the respondents, the land was reserved for children's part in a final development plan which was notified on 29th January, 1983. However, it is an admitted position that the said reservation was continued in a revised development plan by a notification dated 12th November, 1990 where the land was once again notified and reserved for a children's park.

(3.) IN view of the aforesaid, it is clear that a period of 10 years prescribed under section 127 of the M. R. T. P. Act had expired from the date of its original reservation of the said plot of land. On 24th March, 1998 a purchase notice was issued. The said purchase notice was received by the authorities on 24th march, 1998 itself and the period of six months expired on 23rd September, 1998. It is the case of the respondent No. 1 that they forwarded a proposal for acquisition of the said land to the Collector by their letter dated 22nd September, 1998 i. e. one day prior to expiry of 6 months. However, the petitioner contends that the said proposal never reached the office of the Collector within the prescribed period of six months but, it was received by the Collector only on 5th November, 1998. Even on this aspect, there is no serious dispute by the respondents and the respondent No. 1 have filed areply in which it has. been admitted that even the said proposal dated 22nd September, 1998 was rejected by the Collector and sent back for fresh submission by the respondent no. 1 by their letter dated 5th November, 1998. Thus, in effect there were no steps taken for the purpose of acquisition of the said property within a period of six months from the date of receipt of the purchase notice. However, it is further contended by the petitioners that on 29th May, 2001 a resolution was passed by the Buldhana Municipal Council inter alia seeking to take steps to take possession of the said plot of land for children's park and thus the petitioner was required to approach this Hon'ble Court by the present writ petition. The petitioners have filed the present writ petition challenging the said resolution dated 29th May, 2001 and also seeking a declaration that the said reservation for children's part has lapsed under section 127 of the M. R. T. P. Act, 1966.