APPASO BAPU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) The petitioners claim to be the owners of land bearing No. 197/1 situate at Kupwad City, District Sangli (for convenience, "the said plot"). In this petition, the petitioners have prayed for declaration that the reservation shown on the said plot vide Reservation No. 328 in the sanctioned development plan, published in the year 1985 in respect of Kupwad City has lapsed and that the petitioners are entitled to develop the portion of the said plot. The petitioners have further prayed that respondent 3 i.e. the Town Planner, Sangli-Miraj Kupwad City Municipal Corporation, be directed to sanction the development/building plan submitted by the petitioners on 9-.1-2008. Affidavit in reply has been filed by Sadhana Pradeep Naik, Deputy Director of Town Planning, Pune Division, Pune and also by Shrirang B. Patil, Deputy Commissioner, Miraj Division, Sangli-Miraj-Kupwad Municipal Corporation.

(3.) It is necessary to state the facts in brief as are evident from the affidavit of Sadhana P. Naik, Deputy Director of Town Planning, Pune Division, Pune and affidavit of Shrirang B. Patil, Deputy Commissioner, Miraj Division, Sangli-Miraj-Kupwad Municipal Corporation. Regional Plan for Sangli-Miraj Region has been sanctioned by the Government of Maharashtra vide its resolution dated 15-3-1985. In the layout plan, Land Survey No. 197 (part) of Kupwad was reserved for playground along with other lands. The Government of Maharashtra vide resolution dated 9-2-1998 merged the areas of Sangli, Miraj and Kupwad Municipal Councils and established Sangli, Miraj and Kupwad City Municipal Corporation, respondent 2 herein. Respondent 2 published revised draft development plan under section 26(1) of the Maharashtra Regional and Town Planning Act, 1966 (for short, "the MRTP Act") for the entire area falling in its jurisdiction on 4-3-2005. In the said published revised draft development plan, Land Survey No. 197 (part) of Kupwad was proposed to be reserved for playground along with other lands.