PRAFULLA C DAVE Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The subject matter is land identified under Survey No.125A/4B/2, admeasuring about 83 Ares, situated at village Aundh, Dist. Pune. The land had been kept under reservation for the public purpose of a garden in the development plan of Pune notified on 8th July, 1966. The said reservation for garden purpose was continued as per new revised Development Plan dated 5th January, 1987, draft plan of which was published in 1982. The petitioners had purchased the land from the original owners Wakde and others in the year 1989. The Pune Municipal Corporation it is stated had taken no steps for acquisition of the said land within the period of 10 years from the year 1966. The present petitioners filed a Writ Petition No.5467 of 1989 on 29th August, 1989 for deletion and / or de-reservation of the said land from the designated public purpose i.e. garden. After filing of the petition under legal advice, the petitioners served the purchase notice dated 5th October, 1989 under section 56 read with section 127 of the Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as 'M.R.T.P. Act' ) with the Pune Municipal Corporation calling upon them to acquire the said land in question within a period of 6 months from the receipt of the notice. The purchase notice was received by the Pune Municipal Corporation on 3rd November, 1989 and also served on the City Engineer on 16/10/1989 and Assistant Engineer, Development Plan Department on 18/10/1989. As the Pune Municipal Corporation did not take any action on the aforesaid purchase notice, they submitted the lay-out plan to Pune Municipal Corporation on 5th October, 1990. The lay-out plan was however rejected by the Pune Municipal Corporation by letter dated 29th October, 1990 on the footing that no purchase notice was received by them and requested the petitioner for proof of the original copy. It is the petitioners case that on 3rd November, 1990 the petitioner submitted the letter along with original proof copy duly acknowledged by the City Engineer office and Commissioner of Pune Municipal Corporation. Once again, on 13th December, 1990 the Pune Municipal Corporation wrote to the petitioners' Architect and refused permission on the ground that the petitioners had not shown the original receipt of having served the purchase notice and as such the purchase notice was not served on the Corporation. It was also informed that the said land was reserved as per the 1987 development plan for garden purpose and, therefore, the lay-out plan could not be sanctioned.

(3.) The petitioners aggrieved by the said decision of the Corporation filed an Appeal under section 47 of the M.R.T.P. Act before the Urban Development Minister on 29th January, 1991. The petitioners also moved a Civil Application No.459 of 1995 for carrying out certain amendment in the Writ Petition No.5467 of 1989. The said Writ Petition No. 5467 of 1989 was dismissed for default by an order dated 12th October, 1999 and application was moved for restoration, which was allowed by order dated 10th December, 1999. As the appeal was pending, the Writ Petition was disposed of with a direction that the appeal should he disposed of expeditiously within 3 months. The appeal came to be dismissed by an order dated 14th July. 2003 on the ground of premature notice under section 127 of the M.R.T.P. Act as it was given by the petitioner before the completion of period of 10 years from the date of revised development plan i.e. 1987 Development Plan. In these circumstances, the present petition.