KANTILAL JIVRAJ DESANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri Tiwari for the petitioner, Shri Gokhale for respondent nos.1 and 2 and Shri Ketkar for respondent no.3

(2.) THE Petitioner, who claims to be one of the tenants in new C.T.S. No. 709, Narayan Peth, Pune (Old C.T.S. No.906/2, Sadashiv Peth, Pune), has filed this petition challenging the validity of notification for acquisition issued under section 126(2) of the Maharashtra Regional and Town Planning Act, 1966 on 26th November, 1970 published in Maharashtra Government Gazette dated 17th December, 1970 under which certain lands were declared to be needed for the public purpose of parking space. The Award under Sec.11 of the Land Acquisition Act, 1894 has been declared as far back as on 23rd September, 1986.

(3.) ALONGWITH the present land bearing new C.T.S. no.709 belonging to Smt. Malini Nene, the adjoining land bearing new C.T.S. No.710 was also acquired for the said public purpose. New C.T.S. No.710 belongs to Smt. Nalinibai's cousin Smt.Ramabai Nene, who had filed Special Civil application no.1087 of 1971 in this Court challenging the said acquisition, interalia on the same grounds which are sought to be raised before us, namely. that there is no need of a parking space and hence there is no public purpose and, therefore, the acquisition is bad in law. The Writ Petition was initially dismissed on the ground of delay and laches on 12th October, 1976. However, by its order dated 26th February, 1979 in Civil Appeal No.540 of 1979, the Apex Court remanded the matter back to this Court for deciding the same on merits. Special Civil Application no.1087 of 1971 filed by Smt. Ramabai was, therefore, heard on merits and by order dated 7th January, 1980 the objections raised by the land owner were rejected and writ petition was dismissed with costs. Relying upon certain decisions of the Apex Court, it was held that it was primarily for the local authority and for the State Govt. to consider what plan will best meet the requirement of a particular situation in a growing city like Pune. The reservation and acquisition for the public purpose was, therefore, held to be valid.