MOHIBULLAH NIYAMATULLAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners have invoked jurisdiction of this Court under Article 226 of the Constitution of India, for a writ of mandamus or any other appropriate writ, direction or Order, thereby seeking a declaration that, the Petitioners lands bearing Survey No. 116/4/B/1 situated at Golden Nagar, Malegaon, ad-measuring 0.211 H. and 1.382 H. respectively, that were designated/reserved for the purpose of 'Parking and Garden' under the reservation site Nos. 261 and 262, dtd. 15/9/2006 and 21/8/2009 have lapsed. Additionally, a declaration that, the said lands are released from the reservations, allotment or designation and have become available to the Petitioners for the purpose of development or otherwise, permissible in the case of adjacent land under the Development Plan and for other consequential reliefs, as per the provisions of Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, "M.R.T.P. Act").

(2.) We have heard Mr. Harit, learned counsel for Petitioners, Ms. Kapadia, learned A.G.P. for Respondent No.1-State and Mr. Patwardhan, learned counsel for Respondent No. 3, perused entire record and the Affidavit dtd. 7/8/2024 filed by Mr. Shantaram T. Chaure, the Town Planner-II of Respondent No.3-Corporation.

(3.) Shorn of unnecessary details, the brief facts giving rise to the present Petition can be summarized as follows :-