RAJESH CHHABILDAS KHADKE Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-10-29
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on October 31,2017

Rajesh Chhabildas Khadke And ... Appellant
VERSUS
The State Of Maharashtra And ... Respondents

JUDGEMENT

PER S.V.GANGAPURWALA.J. - (1.) Rule. Rule made returnable forthwith and heard learned advocates for the parties appearing finally, by consent.
(2.) It is submitted by the learned counsel for the petitioners that, development plan for the city Jalgaon was published on 11-02- 2002. The same came into effect from 01-04-2002. The writ land of the petitioners bearing Gut No.87/1 to the extent of 32-R is reserved for high school as site No.195. According to the learned counsel, no steps were taken for acquisition of land within a period of ten years, as such petitioners issued notice under Section 127 of Maharashtra Regional and Town Planning Act on 18-12-2014. Even after lapse of one year, no steps are taken by the respondent municipal council.
(3.) Mr. S. S. Patil, learned counsel for respondent No.3 submits that, even prior to expiry of ten years from the introduction of the development plan, the municipal council had passed resolution thereby making its intention clear of acquiring the land. The proposal to that effect was also forwarded to the collector, but further steps were not taken by the office of the collector. The respondent municipal council is interested in acquiring the writ land, asthe land is reserved for high school.;


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