VASTALABAI PANDITRAO LAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioners have prayed for quashing and setting aside order dated 7th March, 2007 passed by respondent No. 2 - Director of Town Planning, Maharashtra State, Pune and has also prayed for declaring that the reservation No. 1 for open space in the development plan of respondent No. 2 Municipal Council, Georai has lapsed.

(2.) Such of the facts as are necessary for the decision of this petition may briefly be stated thus :-

(3.) On notice being issued to the respondents, respondents No. 1 and 2 have filed their eiffidavit in reply. In the affidavit in reply in is stated that the State of Maharashtra is competent authority to grant approaval to the development plan and accordingly the State had approved the development plan. It is further stated in paragraph 3 that the Director of Town Planning is empowered to confirm the purchase notice under section 49 of the Maharashtra Regional and Town Planning Act and accordingly the purchase notice issued by the petitioner came to be confirmed by respondent No. 2. It is further stated in the affidavit in reply that the Collector, Beed had informed respondent No. 2 that the Municipal Council, Georai had decided to withdraw the acquisition proposal by its resolution dated 29th March, 2005 but further action in that regard had not been taken by the Chief Officer of Municipal Council, Georai. It is stated that therefore, the action for cancellation of the said resolution under section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 had not been taken by the Collector, Beed. Paragraph 4 deals with the appeal preferred by the petitioners. It is stated that since the acquisition proposal had been submitted to the Collector within the stipulated period of one year from the confirmation of purchase notice, the appeal of the petitioners came to be dismissed.