Satyanarayan Rampratap Baldi v. The State Of Maharashtra And Others

1 WP / 8516 / 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO.8516 OF 2018 SATYANARAYAN RAMPRATAP BALDI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Ms. Kirti Deshpande h/f. Mr. Bhokarikar Madhav M. AGP for the respondent - State : Mr. P.K. Lakhotiya Advocate for the respondent no. 6 : Mr. V.D. Gunale ...

CORAM

: MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 27 FEBRUARY 2023 PC :

Heard both sides.

2.

The petitioner who is claiming to be the owner of the property is seeking a declaration in respect of lapsing of reservation as contemplated under section 127 of the Maharashtra Regional and Town Planning Act, 1966 (the MRTP Act).

3.

The respondent - corporation has not filed any reply whereas the State in its reply specifically mentioned that the land gat no. 179/1 mentioned by the petitioner was not put under any reservation nor was it assigned for any public purpose. In the development plan, it was merely shown as occupied by a water body which has been in existence.

2 WP / 8516 / 2018 4.

The respondent - municipal corporation in its town planning department has also responded to the petitioner on 25-11-2016, ex facie taking a similar stand of there being no reservation / assignment / designation over the land survey no. 179/1. 5.

In view of such stand of the respondents, there is no question of granting any declaration under section 127 of the MRTP Act. The writ petition is disposed of.

[ S. G. CHAPALGAONKAR ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/