SUNIL LAXMAN DOND Vs. THE COMMISSIONER

JUDGEMENT

(1.) Rule made returnable forthwith. By consent of parties, the Petition is heard finally.

(2.) Heard Mr. Shrishailya Deshmukh for the Petitioners; Mr. M.L. Patil for Respondent No.1 and Ms. M.P. Thakur, AGP for Respondent Nos.2 to 4. Perused entire record produced before us.

(3.) By this Writ Petition under Article 226 of the Constitution of India, Petitioners seek a declaration that, their land bearing Survey No.7A (part) Hissa No. 4A, village Chehedi Budruk (writ land) situated within the jurisdiction of Nashik Municipal Corporation ('NMC') be released from reservation in the final development plan. Additionally, they seek a declaration that the fresh reservation No.473 and 474 upon the writ land that is notified on 9/1/2017 is illegal in view of the purchase notice duly served on 3/3/2014, and a direction to the State Government to issue a notification, in terms of Sec. 127(2) of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act') within a period of 3 months, to declare lapsing of reservation on the writ land and to permit the Petitioners to develop their land in accordance with law.