LALITA GYANCHANDJI SANCHAITY Vs. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY
HIGH COURT OF BOMBAY (AT: NAGPUR)
Lalita Gyanchandji Sanchaity
The State Of Maharashtra Through The Secretary
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PRASANNA B.VARALE,J. -
(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the learned Counsel appearing on behalf of the respective parties.
(2.) The petitioner is before this Court seeking declaration that the land owned by the petitioner at Survey No. 284 area admeasuring 2.43HR of
Mouza Darvha, Tq. Darvha, District Yavatmal which was kept reserved for
the purposes of playground in view of inaction of the respondents/
authorities, be declared as the land out of reservation and the petitioner be
permitted to develop the land.
(3.) Shri Vyawahare, learned Counsel for the petitioner submits that the petitioner is the owner of the said land which is situated within the limits
of Municipal Council, Darvha. Though the said land was reserved for the
purpose of playground in a development plan of City of Darvha sanctioned
by the State Government on 16.10.1979, no steps were taken either to acquire
the land or to develop the playground for a long period and again in the
subsequent development plan of the year 2005, the land of the petitioner was
kept reserved for the very purpose i.e. for the playground vide reservation
No.20. The learned Counsel further submits that the petitioner finding that
there is no progress in the matter and the land of the petitioner is just kept
only reserved on paper, the petitioner was constrained to issue notice of
purchase in view of the provisions of MRTP Act and particularly under
Section 49 of the said Act. The said notice was issued on 05.06.2003 through
the lawyer of the petitioner. Shri Vyawahare, the learned Counsel submits
that the Municipal Council sought for certain documents from the petitioner
and the petitioner provided all those documents. The communication to
that effect is also placed on record at Annexure-B of the petition. He then
submits that by communication dated 08.12.2003, it was informed to the
petitioner that the Municipal Council passed a resolution dated 17.06.2003
for initiating the steps for acquisition of the land and her purchase notice
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