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Bombay High CourtWP/11821/2017disposed off

Shri. Sidram Khandappa Alurkar v. Akkalkot Nagar Parishad Through Chief Executive Officer And ORS.

2019-09-25Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

22-wp-11821.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11821 OF 2017 Shri Sidram Khandappa Alurkar ... Petitioner

Versus

Akkalkot Nagar Parishad and Ors.

... Respondents Mr. Ramdas Hake Patil for the petitioner.

Ms. Tanisha i/by Mr. Ajit Hon for respondent no. 1. Ms. M.S. Srivastava, AGP for respondent nos. 2 and 3 State. CORAM : B.P. DHARMADHIKARI & SANDEEP K. SHINDE, JJ.

DATE :

SEPTEMBER 25, 2019 P.C.:

Heard for some time.

2.

The Nagar Parishad has shown readiness and willingness to acquire the land. Learned AGP has however, pointed out that the notice under section 127(1) of Maharashtra Regional Town Planning Act issued on 7/8/2015 is not after expiry of period of 10 years from the date of notification of revised final development plan. That date is 21/12/2011 and the plan has came into force on 1/2/2011.

3.

It appears that the petitioner has got his agricultural land nilegaonkar 1/2

22-wp-11821.2017.odt converted to non agricultural purposes in the year 1994 and then also got the lay out sanctioned on 12/1/1995. 4.

Petitioner thereafter has carried out some development. 5.

In this situation, we find it in the interest of justice to give the petitioner an opportunity to proceed further in the matter in accordance with law. Hence, with the said liberty and keeping all the contentions open, we dispose of the writ petition. (SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2