Krishna Tukaram Shete And ANR v. Bhor Municipal Council Through Chief Officer And ORS
2 wp 9045-15=.doc FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
CIVIL APPELLATE JURISDICTION.
WRIT PETITION NO. 9045 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Anish Khandekar for the Petitioners.
Mr. Balkrishna Joshi for the Respondent. No.1 Mr. Manish Pabale, AGP for the Respondent Nos. 2 to 6. CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.
DATE : 21th JULY, 2017 P.C.:
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Heard the learned Counsel appearing for the Petitioners. He has placed on record a copy of the Government of Maharashtra's Notification dated 16th May, 2017. By the said Notification, the revised Draft Development Plan for the area covered by Bhor Municipal Council has been sanctioned under the Sub-Section 1 of Section 31 of the Maharashtra Regional and Town Planning Act, 1966. A copy of the said notification along with the Schedule-A thereto is placed on record. Item No. 13 of Schedule-A shows that reservation of Rest House on site No. 41 has been deleted and the land covered by site No. 41 has been included in residential zone. Sneha Chavan 1/2
2 wp 9045-15=.doc The present petition is filed on the basis of a notice issued under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'MRTP Act') which is based on reservation under the Sanctioned Development Plan of the first Respondent which was brought into force on 26th October 1978. The land subject matter of the petition was reserved for Rest House. Thereafter, in the revised Development Plan, the same reservation was continued.
Now in the revised Sanctioned Development Plan which is sanctioned under the Notification dated 16th May 2016, the land subject matter of the petition is no more under the reservation.
Hence, in the light of the Notification dated 16th May, 2017, it is not necessary to grant any relief. Accordingly, the Writ Petition is disposed of. (SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 2/2