HIRABAI DATTATRAY BAABAR Vs. SANGLI MIRAJ KUPWAD

JUDGEMENT

(1.) The petitioners are the owners of land bearing Survey No. 469/2B situated at Sangli, admeasuring 1088.12 sq. meters within the limits of the Respondent No. 1. Respondent No. 1 came into existence since 9th February, 1998. Before that the land was within the limits of the erstwhile Sangli Municipal Council. Respondent No. 1 and its predecessors are the Planning Authority for the lands situated within their planning area. In the notified development plan the petitioners land has been shown as reserved for the purpose of "Cold Storage". The development plan of Sangli city was notified on 28th March, 1977 and has come into force with effect from 1st June, 1977. As the respondent No. 1 and/or its predecessor in title did not take any steps to acquire the reserved land, the petitioners caused a notice to be served on 4th December, 1987 pursuant to the provisions of Section 127 of the Maharashtra Regional & Town Planning Act (hereinafter referred to as the Act) through their Power of Attorney Holder. The respondent No. 1 was called upon the take immediate steps to acquire the land. The notice was received on the same date.

(2.) The respondent No. 1 thereafter was pleased to pass a resolution on 1st June, 1998 resolving to acquire the land for Cold Storage and sent the land acquisition proposal to the Collector of Sangli vide their letter dated 26th June, 1998. It may be mentioned that in the notice received by the respondent No. 1 on 4th December, 1997 the Power of Attorney holder had mentioned that the property is owned by Vijay Baburao Babaar. The present petition came to be filed on 29th April, 1999.

(3.) At the hearing of this petition on behalf of the petitioners their learned Counsel has raised the following contention: