RABIYA RAJU BAGWAN Vs. SAWANTWADI MUNICIPAL COUNCIL AND TOWN PLANNING AUTHORITY
LAWS(BOM)-2017-4-233
HIGH COURT OF BOMBAY
Decided on April 25,2017

Rabiya Raju Bagwan Appellant
VERSUS
Sawantwadi Municipal Council And Town Planning Authority Respondents

JUDGEMENT

Naresh H. Patil, J. - (1.) Rule. Rule made returnable forthwith. Heard finally, by consent of the parties.
(2.) Petitioners pray for a direction to declare that reservation in respect of their land, bearing Survey No.55, Hissa No.9 and Survey No.24A, Hissa No.1/7, which is described as C.T.S. No.4480 and 4479 in the City Survey Record, situate at Sawantwadi, Dist. Sindhudurg, for construction of 24.0 meter wide Ring Road under the Development Plan of Sawantwadi City stood lapsed and the said land be made available to the Petitioners for the purpose of development.
(3.) Brief facts of the case that, on 1st April 1989, Development Plan of Sawantwadi City was sanctioned. The Petitioners' land was reserved for construction of Ring Road under the Development Plan. The Petitioners had issued purchase notice on 10th August 2012, under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, addressed to the Chief Officer of Respondent No.1-Municipal Council and Planning Authority and to the Collector i.e. Respondent No.2 herein. Since after receipt of the said notice, no steps were taken according to law by the Respondent No.1-Municipal Council within the stipulated time-frame. On behalf of Respondent Nos.3 and 4, affidavitin-reply was filed by Mr. Sanjay R. Kurvey, Joint Director of Town Planning, Konkan Division, Konkan Bhavan, Navi Mumbai. In paragraph No.4 of the said affidavit, the Deponent states as under :- "4. I state that, as mentioned above, the land in question is designated as 24.0 m wide Development Plan Road, which forms an integral part of the Development Plan for overall development of the city, including petitioners' remaining land. Further, petitioners' land is part of 24.0 m wide Development Plan Road, which runs from East to West, thereby connecting various parts of the city. I state that Section 127 of the Maharashtra Regional and Town Planning Act, 1966, deals with lapsing of reservation, which, in general, relates to any kind of reservation for public purpose or allocation/designation for specific public purpose. However, as, in this case, it is the Development Plan Road, the blanket application of this provision will leave most of the adjoining property renderless to development, which can be developed only in case of availability of access i.e. road to the property.";


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