SAPAN SUSHILKUMAR ZUNZUNWALA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave to amend the prayer clauses with regard to gut number.

(2.) Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

(3.) Mr. Tripathi, the learned advocate for petitioners submits that, the petitioners are owners and possessors of land Sy. No. 461/2/2 situated at Meharun, Tq. and Dist. Jalgaon to the extent of 40.50R having purchased the same under registered sale deeds dated 28.07.2011 and 28.12.2011. The learned counsel submits that, the respondents had published a development plan on 10.08.2004. The land owned by petitioners was reserved as site No. 136 for high school. The learned counsel further submits that, as no steps were taken for acquisition of land by respondents, petitioners issued notice U/Sec. 127 of the Maharashtra Regional and Town Planning Act (for short "M.R.T.P. Act") on 21.08.2015. On the same day Corporation received the said notice. No steps for acquisition were initiated by the Corporation. On 12.05.2016 respondent/corporation offered T.D.R. to petitioners. The offer of T.D.R. was rejected by petitioners on 23.05.2016. The learned counsel submits that, as the steps for acquisition are not initiated within a period of one year from the date of service of notice, reservation stands lapsed. The learned counsel relies on the judgment of the Apex Court in a case of Girnar Traders Vs. State of Maharashtra reported in (2011) 3 SCC 01.