ABHAY ANANT CHOUGULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner inter alia prays for a direction to the respondents that the reservation in respect of the petitioner's land bearing survey no.547 admeasuring 27.41 Ares situated at Ichalkaranji District Kolhapur (for short 'the land') kept under reservation as site no.8 for a RTO office in the sanctioned development plan for Ichalkaranji city, has lapsed under the provisions of section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'the Act'). The petitioner also challenges the communication dated 26.8.2011 of respondent no.5 rejecting the petitioner's application for a development permission on the ground that the said land is under reservation.

(2.) The petitioner is the owner of the land in question. Respondent no.5 the Ichalkaranji Municipal Council is the planning authority for Ichalkaranji city. A development plan for Ichalkaranji city was sanctioned on 5.3.1999 and was into force with effect from 7.5.1999. In this sanctioned development plan, the petitioner's land was kept under reservation at site no.8 for a RTO office. The appropriate authority qua the said reservation is respondent no.3 (R.T.O.Kolhapur Region, Kolhapur).

(3.) After the development plan was brought into force on 7.5.1999 neither the appropriate authority nor the planning authority had taken any steps to acquire the said land within a period of ten years for the purpose for which it was designated to be reserved.