SHANTARAM SHANKAR JAMSANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these petitions are heard together as the controversy in both these petitions concerns reservation in respect of land bearing R.S.No.779/2.

(2.) Petitioners nos.1 to 12 are the owners of land bearing R.S.No.779/1 situate at B Ward, Kasaba Karveer, Taluka and Distict Kolhapur and Petitioner nos. 13 to 15 are owners of survey No.779/2 (Both lands for short referred as "said lands"). Respondent no.1 by an order dated 18.2.1999 sanctioned the 2nd revised final development plan for Kolhapur city under Section 31 of the MRTP Act. In this development plan the said lands were reserved for "a garden" namely reservation No.251 and some area was reserved for a "hospital" being reservation No.250. The lands are in the nature of open and vacant lands and for the present there is no income or production from the said land to the petitioners. On account of the reservation, the petitioners could not undertake development of the said lands as also they were not getting any consideration for sale as per the market rate.

(3.) It is the petitioner's case that the respondent no.3 (Kolhapur Municipal Corporation) was to develop these lands in the year 2003 and 2006. However, the respondent no.3 did not take any steps in that regard for acquisition of the said lands.