AJAY VASANT GAWAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent of the parties, Rule made returnable forthwith and heard finally.

(2.) Heard the learned Counsel for the parties. The petitioner has approached this Court seeking a writ in the form of declaration that the petitioner s land admeasuring about 1200 sq. mtrs bearing survey No. 40, Hissa No. 4 (part) Navpada (City Survey No. 32 (part)) Tika No. 20 situate at Navpada, Thane City stand released from reservation, allotment or designation and that the petitioner is therefore, entitled to develop the land as otherwise permissible in the case of the adjacent land.

(3.) It is the petitioner s case that in the year 1974, the development plan for the city of Thane came into force wherein the petitioner s land was shown as reserved for post and telegraph department. It is the case of the petitioner that till the year 1991, no steps were taken by the respondents to utilise the land for the purpose it was reserved. On 22.11.1999, a revised development plan was notified by the State Government which in no manner changed the reservation of 1974. Therefore till 27 years the respondent failed to acquire the land of the petitioner for the purpose it was reserved in the development plan and therefore, on 15.1.2002, the petitioner gave notice under Section 127 of the Maharashtra Regional Town Planning Act, 1966 to the Post Master General, GPO, Mumbai for acquisition of the land for the purpose of post office as per the reservation of 5.3.2002. The petitioner received a reply from the office of the Post Master General, GPO, Mumbai that Collector, Thane has been approached by them to initiate land acquisition proceedings as no steps whatsoever were taken for acquisition by the respondent.