SHRIKANT UTTAMRAO BHUTEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have filed present petition contending that they are the owners of the land admeasuring 1 H. 82 R. and 81 R. from Survey No. 117 situated at Osmanabad city. In terms of development plan for Osmanabad city, this land has been reserved for play ground. Respondent No. 3 is the Municipal Council for whom the land is reserved for development of play ground. By the present petition, the petitioners are praying that the land admeasuring 1 H. 82 R. and 81 R. from Survey No. 117 situated at Osmanabad city, be deleted from the revised development scheme of Osmanabad city, as notified in notification dated 20-04-1985 and that reservation insofar as the petitioners' land is concerned be cancelled.

(2.) The petitioners again on 20-11-2006 moved an application to respondent No. 3 stating therein that the concerned authorities are not taking steps and therefore, the said land be de-reserved which is reserved for the purpose of play ground. The said application,it was stated be treated as a notice under Section 127 of the M.R.T.P. Act. Till date of filing of the petition i.e.26-02-2008 respondent - authorities have not initiated an proceedings for acquisition or taken steps. The petitioners are therefore entitled, to get the land back, as no steps have been taken within six months in terms of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, as the reservation automatically lapsed. The petitioners rely on the communication dated 20-11-2006.

(3.) Osmanabad Municipal Council has published a notice in the newspaper on 19-06-2002 intimating commencement of the process for revised development plan. The earlier plan was notified in the year 1985. The petitioners herein have raised objection to the revised development plan.