PRABHAKAR RAMDAS KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The Petitioners have put-forth prayer clauses [B] and [C] as under:

(3.) The learned Counsel appearing for the Petitioners canvassed that, Respondent No.5 published the development plan on 10/8/2004, which came into force w.e.f. 1/10/2004. Under the development plan, the Petitioners' land is shown under reservation No. 223 for play ground and 18 meter D. P. Road. However, even after lapse of more than 14 years, Respondent No.5 Municipal Corporation failed to acquire said land. Therefore, on 17/3/2018, the Petitioners were issued purchase notice under Sec. 127 of the Maharashtra Regional and Town Planning (MRTP) Act, which was duly served upon Respondent no. 5, but no land has been acquired within period of two years from the service of notice. Therefore, reservation lapsed.