KISHOR SIDDHESHWAR WADOTKAR Vs. DIRECTOR OF TOWN PLANNING

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of Shri Bhide, learned Counsel for the petitioner, Mrs. Jog, learned Assistant government Pleader for the respondent Nos. 1 and 3, and Shri Dharaskar, learned Counsel for the respondent No. 2.

(2.) SHRI Bhide, learned Counsel for the petitioner, states that petitioner is owner of land bearing Survey No. 1, admeasuring 73 ares at Mouza Khel Chatari, jalgaon Jamod. Out of the said land, land admeasuring 700 square metres of plot no. 5/2/22 was reserved for extension of dispensary in the development plan of city of Jalgaon Jamod of the year 1976. At the relevant time, Siddheshwar, father of the petitioner, in whose name land was, was alive and had served notice dated 22-4-2002 under section 127 of the Maharashtra Regional and Town Planning act, 1966 on the Planning Authority since period of more than ten years was lapsed, the Planning Authority was called upon to acquire the land within a period of six months from the date of receipt of the said notice. It is contended that since Planning Authority failed to acquire land in question or initiate proceedings for acquisition before expiry of period of six months from the date of service of notice dated 22-4-2002, land in question shall be deemed to have been released from the reservation in view of section 127 of the MRTP Act. It is submitted that this aspect is not disputed by the Director of Town Planning, which is evident from his order dated 2-6-2005.

(3.) THE learned Counsel for the petitioner also submits that land in question is not released by the concerned Authority in favour of the petitioner only on the ground that under the revised development plan, same is again reserved for shopping complex. It is contended that right of the petitioner to get the land released from reservation after lapse of period of ten years and expiry of period of six months from the date of service of notice as contemplated under section 127 of the MRTP Act cannot be taken away merely because in the revised development plan, land is again shown to have been reserved for construction of shops. It is submitted that this issue is concluded by the decision of this Court in kixhore Gopalrao Bapat and others vs. State of Maharashtra and another, 2005 (4) Mh. L. J. 466. It is, therefore, submitted that the impugned order dated 2-6-2005 passed by the Director of Town Planning may be quashed and set aside and land of the petitioner may be released from reservation and made available for the purpose of development as otherwise permissible in the case of adjacent land under the relevant Development Plan.