MADHAV RAGHUNATH THATTE Vs. DIRECTOR DIRECTORATE OF TOWN PLANNING MAHARASHTRA STATE MAHARASHTRA STATE

JUDGEMENT

(1.) IN the draft Development Plan, the land Survey No. 52 i. e. City Survey No. 2000/a, present plot No. 44 was shown reserved for stadium and public garden. The Development Plan of City of Shrirampur was finalized and sanctioned by the State Government on 16-8-1975. Thereafter, it appears that the writ land was again reserved for playground in the draft development plan.

(2.) THIS writ petition is filed by the owners in possession of the said land on 7-4-1987 inter alia seeking a Writ of Certiorari or a writ order or direction in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to treat the petitioners land as released from the reservation in the Development Plan and further sanction the development permission asked for by the petitioners along with the letter dated 25-7-1986 at Exhibit D and to restrain the respondents by themselves, their agents or servants by an order of injunction from taking any steps in furtherance of the Development Plan so far as it relates to the land of the petitioners.

(3.) ON behalf of the respondent No. 2 the Municipal Council, Shrirampur affidavit in reply has been filed by one Shri Pratap Narayan Mujumdar, who is Arbitrator, Town Planning Schemes, Shrirampur. In para 4 of the reply an explanation is offered as to why steps were not taken within 10 years from the date of coming into force of the Development Plan. It is, however, stated that the assumption of the petitioners that their land stood released from the development plan is not correct. The land stands reserved in the final Development Plan and the Town Planning Scheme of No. IV of Shrirampur. Lastly it has been submitted that the notice under section 127 of the Maharashtra Regional and Town Planning Act, served by the petitioners was not a valid notice and therefore, the petition deserves to be dismissed.