KISHANRAO S/O NANASAHEB DESHMUKH Vs. THE STATE OF MAHARASHTRA & ORS.
LAWS(BOM)-2017-2-183
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on February 28,2017

Kishanrao S/O Nanasaheb Deshmukh Appellant
VERSUS
THE STATE OF MAHARASHTRA AND ORS. Respondents

JUDGEMENT

SANGITRAO S.PATIL,J. - (1.) - Rule, returnable forthwith. With the consent of the learned counsel for the contesting parties, heard finally.
(2.) Admittedly, the land admeasuring 1 Hectare 65 Ares, out of Survey No. 4, situate within the municipal limits of Latur was reserved for playground and school in the development plan of Latur city, notified by the Urban Development Department of respondent No. 1 on 2nd January, 2002. It is further admitted that the respondents did not acquire the said land by agreement within a period of ten years from the date on which the said development plan was notified. Therefore, the petitioner served respondent No. 2 - Collector and respondent No. 3 - Latur Municipal Corporation with the notice dated 18th June, 2013 under section 127 of the Maharashtra Regional and Town Planning Act, 1966 ("the Act", for short), calling upon them to take necessary steps for acquisition of the said land within a period of six months from the date of service of the said notice with a caution that in case no such steps are taken, the reservation shall be deemed to have been lapsed and the said land would be deemed to have been released from such reservation.
(3.) The learned counsel for the petitioner submits that though respondent Nos. 3 and 4 accepted the above referred factual position as well as the receipt of the notice under section 127 of the Act, no steps were taken by them to acquire the land of the petitioner. Therefore, according to him, reservation in respect of the land of the petitioner would be deemed to have been lapsed, the said land would be deemed to have been released from such reservation and it would be available to the petitioner for the purpose of development or otherwise. In support of this contention, he cited judgment in the case of State of Maharashtra v. Bhakti Vedanta Book Trust and others (2013) 4 S.C.C. 676 and also some of the judgments of this Court on the same lines.;


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