RATANLAL PREMCHAND GANDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of the parties.

(2.) The Petitioner by the present Petition is seeking directions against Respondent No.1 to forthwith publish Notification declaring that reservation No.31 for the purpose of extension of maternity homes and reservation No.25 for the purpose of garden in respect of land bearing CTS No. 2090 / 4 and 2090 / 58 respectively situated at village Lonand, Tal. Khandala, Dist. Satara (for short "the said lands") has lapsed and that the Petitioners are entitled to use the lands for residential and commercial purpose.

(3.) The said lands along with adjoining lands were purchased by the Petitioner No.2 and father of Petitioner No.1 vide sale deed dated 11th August 1978. The said lands situated at Lonand was reserved for the purpose of extension of maternity homes and garden respectively in the Development Plan which had been sanctioned by the State Government on 20th July 1983. Since the said land had not been acquired by the local authority viz. Zilla Parishad, Satara, the Petitioners through their Advocates issued purchase notice to the Zilla Parishad, District Collector and Gram Panchayat on 26th April 2014 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 ( for short "the said Act") with respect to the land bearing CTS No. 2090 / 4. A similar purchase notice was issued by the Petitioners through their Advocate on 29th April 2014 to the Zilla Parishad, District Collector and Grampanchayat under Section 127 of the said Act with respect to the land bearing CTS No. 2090 / 58. In response to the purchase notices, the Deputy Chief Executive Officer, Zilla Parishad, vide its letter dated 28th June 2014 directed the Petitioners to supply copies of the title deeds and measurement map. The Petitioners supplied requisite documents on or about 26th August 2014. The Chief Executive Officer of Zilla Parishad, Satara addressed a letter dated 2nd March 2015 to the District Collector, Satara requesting the District Collector to initiate acquisition proceedings in respect of the said lands. The Collector vide its letter / order dated 28th May 2015, appointed the Sub Divisional Officer, Wai Sub Division as Special Land Acquisition officer to acquire the said lands. The CEO, Zilla Parishad addressed letters dated 3rd July 2015 and 28th July 2015 to the SDO requesting him to start acquisition proceedings. Since no steps contemplated by Section 127 of the said Act were taken for acquisition of the said lands, the reservation stood lapsed on completion of the statutory period under Section 127 of the said Act. The Nagar Panchayat was constituted by the State Government in exercise of powers conferred by the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 in place of the Zilla Parishad for the whole area of village the panchayat of Lonand. The Petitioners have stated that as on today the Respondent No.5 - Lonand Municipal Council is duly constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Chief Officer has been appointed as Administrative Head.