NATHU HIRAMAN BHARAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With consent of the respective parties taken up for final hearing.

(2.) The petitioners, who are owners of land admeasuring 26 Are out of total 47 Are of Survey No. 286/3 (Block No. 982/2) situated at Faizpur, District Jalgaon, have filed this petition for declaration that the said land reserved in revised development plan issued by notification no. Vi.Yo.Faizpur (Su/TPV-4/8046) stands dereserved under the provisions of Section 127 of the Maharashtra Regional Town Planning Act, 1966 and to direct the respondents to grant permission for development of the said land and to carry on their construction and also to quash the order passed by the Director, Town Planning, Maharashtra State, Pune dated 29.7.2004.

(3.) It is not disputed that the land in question is owned by the petitioners. It was reserved for police quarters and police station under the revised development plan of Faizpur town. The said development plan was notified on 17.12.1987. The petitioners averred that though the reservation continued no steps for acquisition were taken by the respondents and therefore on 16/19.3.2003 (though the date of purchase notice is mentioned as 16.3.2003 in the correspondence and pleadings, the date mentioned on document Exh. 'B' is 19.3.2003) the petitioners issued purchase notice under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as, "the M.R.T.P. Act"). The notice was addressed to the respondent no. 3 which is the planning authority. On 15.9.2003 the Municipal Council, Faizpur passed a resolution that the land in dispute was not needed for any public purpose. On 29.9.2003 the petitioners forwarded proposal for development of land to the Municipal Council, Faizpur. However, by letter dated 8.10.2003 Municipal Council, Faizpur refused to grant permission on the ground that the land was reserved. It was informed that the acquisition process was going on. On 12.10.2003 the petitioner no. 1 made an application to the Director Town Planning, State of Maharashtra, Pune for dereservation and releasing the land on the basis of the purchase notice. On 10.12.2003 the petitioners forwarded a letter to the Superintendent of Police and the District Collector enquiring whether any steps in regard to acquisition were taken or not. On 12.12.2003, after lapse of six months from the purchase notice, the Collector called upon the Superintendent of Police to produce necessary documents, certificate and to deposit 2/3rd amount. By treating the representation dated 12.12.2003 as an appeal, the Director, Town Planning, Maharashtra State, Pune was pleased to reject the application and, therefore, this petition is filed for various reliefs as aforesaid.