ABHISHEK OMPRAKASH AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Writ Petition under Article 226 of the Constitution of India raises a challenge to the communication dtd. 29/6/2019 issued by Respondent No.5 - Assistant Director of Town Planning, Jalgaon Municipal Corporation, and seeks a declaration that the reservation/designation affecting an area admeasuring 2646.53 sq. meters out of Survey No.341/1, situated at village Pimprala, Taluka and District Jalgaon, (hereafter referred as the subject land) reserved for 18 Meter Wide Development Plan Road (DPR) under the sanctioned Development Plan of Jalgaon Municipal Corporation, has lapsed under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966.

(2.) The further prayer for issuance of appropriate directions to release the said land from reservation, to direct the State Government to issue a notification under Sec. 127(2) of the Act, to grant development permission in respect of the said land and, in the alternative, to award compensation in accordance with Sec. 126 of the Act in relation to the land impacted by the aforesaid reservation.

(3.) The petitioners are the owners of land bearing Survey No.341/1 situated at village Pimprala, Taluka and District Jalgaon and further claim that area admeasuring 2646.53 sq. meters from the said land is affected by reservation/designation of an 18 Meter Wide Development Plan Road under the sanctioned Development Plan applicable to the area of Jalgaon Municipal Corporation. The Development Plan for the additional area of Jalgaon Municipal Corporation was sanctioned by the State Government in two phases and came into force on 7/4/2002 and 1/10/2004 respectively.