FAKIRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard finally with consent of the parties.

(2.) A short question that falls for consideration in this Writ Petition under Article 226 of the Constitution of India is, whether reservation of the land owned by the petitioners in the development plan prepared under the Maharashtra Regional and Town Planning Act, 1966 ("the Act", for short) shall be deemed to have lapsed on account of the land having not been acquired or no steps were taken for acquisition thereof within the statutory period from service of notice under Section 127 of the Act. FACTS :

(3.) The petitioners are the owners of the land Survey No.44/1 to the extent of 1 Hector 4 R situated at Kannad, Taluka Kannad, Dist. Aurangabad. The land to the extent of 1.790 hector was reserved for garden from land survey nos.41, 44 and 45. Out of the said lands, land to the extent of 4977 sq. metres was reserved from the land survey no.44/1 in the development plan of 1992. The said plan was sanctioned by D.T.P., Pune vide notification No.D.P. Kannad (second revised)/SANCTION/T.P.V.V/2668 dated 08.05.1992. The reservation came to be recognised as site no.15 for the purpose of garden.