SHRISHAIL PARVATI SAHAKARI GRIHANIRMAN SANSTHA (REGD.) SOLAPUR THROUGH ITS CHAIRMAN MR. B.G. DHANALI Vs. THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF MAHARASHTRA, MANTRALAYA MUMBAI 400032

JUDGEMENT

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

(2.) By this Petition filed under Art. 226 of Constitution of India the Petitioner prays for declaration that the Petitioner's lands designated/specified/reserved under the Development Plan of Solapur 19972017 for the Bird Sanctuary, being reservation No.6/44, area 11,500 sq. mtrs. situated at New Survey No.152/2B (old survey No.308/2B, Village - Majrewadi, Tal: North Solapur, District: Solapur (hereinafter referred to as the said lands) had lapsed as per the provisions of Sec. 127 of the Maharashtra Regional & Town Planning Act, 1966 (hereinafter referred to as the said Act for short) and further that the said lands are released from the said reservation, allotment or designation and have become available to the Petitioner for the purpose of development as otherwise permissible in the case of adjacent land under that plan.

(3.) The Petitioner has also prayed for appropriate writ directing the Respondent No.1 State of Maharashtra to forthwith notify the lapsing of reservation of the said lands by an order published in the Official Gazette as required under Sec. 127(2) of the said Act.