MUKUND MOHAN KURUNBHATTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned Advocates for the parties.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners are seeking following reliefs :-

(3.) It is the case of the petitioners that lands bearing city Survey No. 303/1/1C and 309, are reserved as Site No. 41 for 'Play Ground and School' in the development plan dtd. 22/12/1989. The petitioners purchased the Survey No. 303/1/1C by the sale deed dtd. 30/12/2014. Accordingly, entry was made in 7/12 extract wherein it is mentioned in other rights column that the land is reserved for Site No. 41. The Petitioner No. 1 issued purchase notice on 16/2/2015 under Sec. 127 of MRTP Act. After the purchase notice, Chief Officer sent land acquisition proposal to Collector by letter dtd. 28/5/2015. Note was also prepared by Special Land Acquisition Officer for seeking consent of the Collector to appoint Sub-Divisional Officer for carrying out acquisition proceeding under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for Site No. 41 Survey No. 303/1/1C. But no further steps were taken. It is the contention of the petitioners that as no steps were taken within 12 months of purchase notice, the reservation has lapsed and the land shall be deemed to have been released from the said reservation.