R.M.S.KHANDEPARKAR, J. - (1.) THE petitioners seek de-reservation of plot bearing Survey No.99 to the extent of 8300 sq.mtrs., now forming Survey No.99-A and site Nos. 142 and 145 situated at Malegaon, District- Nasik from development plan as applicable to Malegaon, District-Nasik, and to quash the order dated 10th October 2003 issued by the respondent no.1 and further for declaration that the petitioners are entitled to use for themselves the said area of plot now forming part of Survey no. 99-A.
(2.) BRIEF facts which are relevant for decision in the matter are that; the first revised development plan of Malegaon under the Maharashtra Regional and Town Planning Act,1966 was sanctioned by Government Resolution dated 21.2.1986 and the same came into force with effect from 1.4.1986. In the said development plan, the area comprised under Survey No.99 was declared reserved for high school and play ground. An attempt by the predecessor-in-title of the petitioners’ land to develop the said plot for residential and industrial purpose proved futile on account of rejection of their application on 25.6.1986 consequent to the fact that the said development plan had already came into force. Thereupon, notice under Section 127 of Maharashtra Regional & Town Planning Act hereinafter called as ‘‘the said Act’’, was issued by the predecessor-in-title of thepetitioners on 28th June 1995. However, the same was not pursued any further. By Deed of Sale dated 8th June 1998, the petitioners purchased an area admeasuring 8300 sq.meters out of total area of 14000 sq.meters of land of the plot bearing survey No.99 and, more particularly, now comprised under survey no. 99-A. By another Sale Deed, balance area of the said survey number was purchased by one Nathmal Sitaram Maniyar. The notice dated 6th October 2003 under section 127 of the said Act came to be served upon the respondents by the petitioners. By letter dated 10th October 2003, the Commissioner of Malegaon Municipal Council informed the petitioners that the notice did not contain certain documents and called for the copies of the same. The petitioners, after obtaining the copies of the documents furnished the same to the Commissioner and Malegaon Municipal Council on 19th July 2004. However, since the respondents had failed to take necessary steps in accordance with the provisions of law under Section 127 of the said Act, the petitioners filed the present petition seeking reliefs as stated above. It is the case of the petitioners that having served the notice in terms of Section 127 of the said Act as long back as on 6th October 2003 and the respondents having failed either to acquire the land or to take necessary steps for its acquisition within a period of six months from the date of service of the said notice and as the said period had already expired, reservation in relation to plot in question should be deemed to have lapsed and the plot should be released from the said reservation for the purpose of development by the petitioners. It is their further case that the respondents have not only failed to acquire the plot in question but have also not taken any step for commencement of acquisition proceedings in relation to the said plot, even till this date.
(3.) THE Respondents, on the other hand, contended that though the notice was issued on 6th October 2003, it was not in compliance with Section 127 of the said Act, and requirements thereof were complied only on 19th July 2004, and therefore, the period available for the respondents to take steps for commencement of acquisition had not lapsed on the date of filing of the petition and, therefore, the petition is premature. It is also the case of the respondents that they have already taken necessary steps for moving necessary resolution by General Body of the Corporation and appropriate decision would be taken in that regard by the corporation whereby the plot can be acquired.;