PANDURANG GOVIND BAABAR Vs. STATE OF MAHARASHTRA

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 and 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. The respondent No. 1 by their letter dated 12th March, 1998 asked the petitioners to furnish documents in order to commence the process of acquisition of the land. The documents which were sought, were :-

(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:-Respondent NO. 1, it is submitted, has not taken steps to acquire the land in terms of the provisions of Section 127 read with Section 126 of the M. R. T. P. and P. U. L. P. Act within the time prescribed by Section 127 of the Act and consequently the application forwarded by respondent NO. 1 to the Appropriate Government on 26th June, 1998 is beyond the prescribed period and as such the property stands de-reserved.