UMESH PRABHUDAS PATEL Vs. COMMISSIONER NASHIK MUNICIPAL

JUDGEMENT

(1.) RULE. Returnable forthwith. By consent of the parties, called for hearing.

(2.) BY this petition, the petitioner prays for a declaration that the Reservation No. 107-A reserving the land of the petitioner bearing survey No. 665 for the purpose of a High School made in the Development Plan of nashik Municipal Corporation be declared lapsed on account of respondent No. 1 -Nashik Municipal corporation not taking the steps required for acquisition of the property under Section 127 of the maharashtra Regional Town Planning Act, 1966 (for short "mrtp Act" ).

(3.) THE Development Plan for Nashik Municipal corporation area was sanctioned by the Government on 22nd June, 1993, and came into force with effect from 16th November, 1993. In the said Development Plan, the petitioners property was shown as reserved for the purpose of a High School under Reservation No. 107-A. For ten years of commencement of the Development Plan, the respondent No. 1-Corporation did not take any steps for acquisition of the property and its use for the public purpose for which it was reserved. The petitioner, therefore, served a notice under section 127 of the MRTP Act on the respondent No. 1 on 21st May, 2004. Respondent No. 1 thereafter convened a meeting of its Standing Committee to consider the said notice. The standing Committee of respondent No. 1-Corporation, by a resolution dated 5th November, 2004, resolved to acquire the petitioners property. Soon thereafter, the respondent No. 1 sent a copy of the resolution to the collector, Nasik with a request to commence proceedings for acquisition of the petitioners property. It is not clear what steps were thereafter taken by the respondent no. 1-Corporation or the Collector in that matter. The fact, however, remains that till the date of filing of this petition and even till today, no declaration under section 6 of the Land Acquisition Act has been issued. No declaration under section 6 of the Land Acquisition act has been made and no Notification has been issued by the Government regarding the acquisition of the petitioners property.