RAMABAI BALKRISHNA NENE Vs. SECRETARY URBAN DEVELOPMENT PUBLIC HEALTH AND HOUSING DEPARTMENT AND

JUDGEMENT

(1.) The petitioners have filed this petition under Articles 226 and 227 of the Constitution of India, for quashing the notification issued by the Government on 7th July 1966 and 26th November 1970 under Section 10 of the Bombay Town Planning Act, 1954 modifying the development plan which was proposed by the Poona Municipal Corporation.

(2.) The petitioners are owners of old city survey No. 906/1 situate in Poona, which is to the north of Laxmi Road, It appears that on 28th Nov. 1958, the Municipal Corporation of Poona made a declaration of its intention of making a development plan under Section 4 (1) of the Bombay Town Planning Act, 1954 and the plan was actually published as required by Section 8 (1) of that Act in the Bombay Government Gazette dated 26th Feb. 1959. On 30th Sept. 1964, the Corporation submitted a modified plan to the Government after following the requisite procedure. In the modified plan the Corporation had reserved the property comprised in city survey No. 437/C which is to the north of the petitioner's city survey No, 906, for the purpose of a play-ground. But then the Government modified that plan by its order dated 7th July 1966 whereby the Government directed that the city survey No. 437 which is to the north of petitioners' city survey No. 906 should be used as a car parking space instead of a play ground. It was further provided that with a view to have access to that car parking space from Laxmi road which goes from cast to west, the petitioner's property should be reserved as access to that parking space. This modified plan as modified by the Government under Section 10 of the Act, was in fact published in the Government Gazette on 8th July 1966.

(3.) On 11th Jan, 1967, the Maharashtra Regional and Town Planning Act, 1966 came into force. The Standing Committee of the Poona Municipal Corporation, therefore, passed a resolution dated 22nd Feb. 1969 for acquisition of the petitioners' land as provided by the sanctioned modified plan. The said proposal was sent to the Commissioner of Poona Division on 28th Mar. 1969. The Commissioner, therefore, issued a notification under Section 126 (2) of the Maharashtra Regional and Town Planning Act, 1966 on 26th Nov. 1970 wherein the petitioners' property which was proposed to be acquired was described as city survey No, 906 admeasuring 145.5 sq. metres. That notification was published ia the Maharashtra Government Gazette on 17th Dec. 1970.