WALTER JOHN DUMING ALVARIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present writ petition under Article 226 of the Constitution of India, the petitioner has sought a declaration that the reservation in the Development Plan of the petitioner's plot for the school purpose has lapsed and has sought necessary orders for release of the same from such reservation.

(2.) THE petitioner is the owner of the plot of land situate at village Kolbad, Pratap Cinema Road, Near Pratap Cinema, Thane, bearing C.S.No.117-B, T.No.8, admeasuring 768 sq.mtrs. The Development Plan of the City of Thane was sanctioned by the State Government vide Government Notification dated 3rd October 1974. The same was made applicable to the City of Thane with effect from 4th November 1974. The petitioner's said land was shown in the said plan as reserved for school purpose. For a period of 14 years, Respondent Nos.2 and 3 did not acquire the said land reserved for the said public purpose. It is the petitioner's contention that in view of the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act for sort), necessary purchase notice was given by the petitioner being Notice dated 23rd January 1988. The same was received by the 2nd Respondent on 27th January 1988 and that as Respondent Nos.2 and 3 despite the said notice failed to take any proceedings for acquisition, the reservation had lapsed and that the petitioner is entitled to the permission for development of the said plot of land. It was petitioner's further contention that since Respondent Nos.2 and 3 did not acquire the said land, the petitioner by his further letter dated 25th August 1988, addressed to the 3rd Respondent, recording the fact that for 14 year after the land in question was shown reserved for public purpose, no action was taken for acquisition of the said land and that despite his purchase notice dated 23rd January 1988, no action was taken and thus the said plot should be released from reservation and permission for development of the said plot be granted.Neither reply was sent to the petitioner nor any action was taken again for more then one year.Ultimately the petitioner received a letter from the 4th Respondent being a letter dated 11th January 1989, in fact addressed to the petitioner's Architect informing him that the plans submitted by the petitioner could not be sanctioned as the said plot was reserved for a Primary School in the sanctioned Development Plan for the City of Thane.Thus the petition has been filed the above mentioned background.

(3.) IN order to appreciate the rival contentions, it would be advantageous to reproduce Section 127 of the said Act :