Mr. Siddharam Shivappa Patil v. The Solapur Municipal Corporation And ORS

cp355 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.355 OF 2016 IN WRIT PETITION NO.8140 OF 2014 Siddharam Shivappa Patil

...Petitioner

vs.

Solapur Municipal Corporation and others

...Respondents

None for the Petitioner Mr.Samir Kumbhakoni for the respondent Nos.1 and 2 Mr.Manish Pabale, AGP for respondent No.5 CORAM : A.S.OKA, & P.N.DESHMUKH, JJ.

DATE : FEBRUARY 7, 2018 P.C.:

None appears for the petitioner. The learned counsel for the respondent Nos.1 and 2 has tendered across the bar a Judgment and Order dated 17th February 2017 passed by this Court in writ petition No.3492 of 2016 filed by the present petitioner. By the said Judgment and Order, the reservation of the subject land in the sanctioned development plan has been declared as lapsed and the State Government has been directed to publish a public notification under sub-section 2 of section 127 of the Maharashtra Regional and Town Planning Act, 1966.

The steps were ordered to be taken for acquisition of the land under the order dated 26th August 2015 of which breach is complained of. In view of lapsing of the reservation, now the

cp355 acquisition proceedings cannot go further which were initiated on the basis of the reservation.

Therefore, now this is not a fit case to take action under the Contempt of Courts Act,1971 against the respondents for committing breach of the order dated 26th August 2015. Accordingly, contempt petition is disposed of.

(P.N.DESHMUKH,J.) (A.S.OKA,J.)