HASINA KUDBUDDIN SHAIKH Vs. KARAD MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioners claim to be the owners of final plot No.481, Town Planning Scheme No.1 at Karad admeasuring about 1721.16 square meters (hereinafter referred to as "the said land"). The respondent No.1 is Karad Municipal Council established under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The respondent Nos.2 and 3 are the Director, Town Planning and State of Maharashtra respectively.

(2.) The petitioners have approached this Court invoking jurisdiction under Article 226 of the Constitution of India seeking declaration that the reservation/designation bearing No.46 on the said land in the sanctioned development plan of the respondent No.1-Karad Municipal Council has lapsed and the said property is deemed to have been released from the said reservation/designation and the same is become available for development to the petitioners.

(3.) The brief facts giving rise to the present petition are as follows :