VIKRAMSINH JAYSINGRAO GHATGE Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) Rule returnable forthwith. Respondents waives service. By consent of the learned counsel for the parties and at their request taken up for final hearing.

(2.) By this Petition under Article 226 of the Constitution of India the Petitioner has prayed that the reservation nos.8 and 9 made in the development plan of the year 1986 of the Kagal Municipal Council, District Kolhapur for the purpose of extension of Maharashtra State Electricity Board (MSEB) and for a primary school and a play ground in respect of the petitioner's land, being survey No.247/3/1 situated at Kagal District Kolhapur be quashed and set aside. It is further prayed that the respondents be directed to permit the petitioner to undertake development of the land.

(3.) The Petitioner is the owner of the land bearing R.S.No.247/2/1 admeasuring 3 hectares situated at Kagal (for short the land).The Government in its Urban Development Department had sanctioned a revised development plan for Kagal Municipal Council under the provisions of the Maharashtra Regional Town Planning Act, 1966 (for short MRTP Act) vide Notification dated 29.8.1986 which came into force on 15.10.1986. As per the sanctioned development plan, the petitioner's land, was partly reserved under site no.8 and 9 for the purpose of "extension for MSEB" and "primary school" and playground respectively.