MOTIWALA LAND AGENCIES Vs. THESTATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition raises for consideration question, whether the Municipal Corporation can reinclude same property in Development Plan regarding which reservation of earlier Plan lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 ("the Act" in brief).

(2.) The dispute is as follows.

(3.) The learned counsel for the Petitioner referred to above aspects from the Petition and copies of documents filed, claiming that once the Petitioner had given notice under Section 127 of the Act when the land was reserved in the Development Plan of 1975 and by deeming provision the land stood dereserved, the Respondents State Government and Municipal Corporation could not have again included the land in fresh development plan and the subsequent act of again including the said land in Development Plan as reserved, was mala fide act. According to him, the Respondent No.2 was merely interested in keeping the reservation and not acquiring the land which was stuck for more than 30 years.