DILIP YASHWANT ATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) By this writ petition, the petitioners seek a declaration that the petitioners' land reserved under the Development Plan of Solapur 1997-2017 for a Children's Play Ground being reservation No.13/87, admeasuring 0-H 20-R, situated at Survey No. 54/1C+5B, village Majrewadi, Tal. North Solapur, District Solapur (for short "the said property") has lapsed as per the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act"). The consequential prayer sought is directing the respondent Government to forthwith notify the lapsing of the said reservation in the Official Gazette as required under Section 127 (2) of the MRTP Act.

(3.) The brief facts that give rise to the present controversy are that the petitioners are the citizens of this country residing at Solapur and claiming to be the owners of the said property. Respondent No.1 is the State of Maharashtra through the Principal Secretary, Urban Development Department, Government of Maharashtra. Respondent No.2 is the Solapur Municipal Corporation who is the Planning Authority under the MRTP Act and Respondent No.3 is the Municipal Commissioner of the said Corporation.