JAGDISHPRASAD M PODDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent of parties, rule made returnable forthwith and heard finally.

(2.) Writ Petition No. 881 of 2015 has been filed by the petitioners who are the owners inter alia of the plot of land bearing CTS No. 1192-C in village Kandivali, Taluka Borivali, admeasuring 1195.80 square meters (for short "the suit property"). Respondent No.1 in this petition is the State of Maharashtra and respondent No.2 is the Municipal Corporation of Greater Mumbai who is also the "Planning Authority" under the Maharashtra Regional and Town Planning Act, 1966 (for short, "the MRTP Act"). Respondent No.3 is an educational trust and is the petitioner in Writ Petition No. 1126 of 2015.

(3.) As far as W.P. No. 881 of 2015 is concerned, the petitioners, who are the owners of the suit property, are seeking a writ of mandamus directing respondent No.1 (the State) to publish an order in the Official Gazette notifying the lapsing of the reservation of "Extension of Secondary School" in respect of the suit property, in accordance with Section 127 (2) of the MRTP Act. This relief is sought on the basis that the reservation on the suit property which was earmarked in the Development Plan for "Extension of Secondary School" lapsed on the expiry of the statutory period prescribed under Section 127 of the MRTP Act. Despite a notice dated 9th October, 2013 being served upon respondent No.1 as well as respondent No.2, (under Section 127) [for short the "said notice"], no steps for commencement of acquisition were taken within 12 months from the date of service of the purchase notice, and hence the reservation is deemed to have lapsed. It is in this light the reliefs are sought in this writ petition.