Prakash Ramchandra Bengali v. The State Of Maharashtra And Others

1 Sr44WP15133.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 15133 OF 2017 Prakash Ramchandra Bengali ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr Ajeet B. Kale, Advocate for the petitioner Mrs V. N. Patil-Jadhav, AGP for respondents No. 1 to 4 Mr Girish Rane, Advocate for respondent No. 5 .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 19TH APRIL, 2018.

ORDER:

1.

The learned counsel for the petitioner states that, the land of the petitioner was reserved for the purpose of playground in the Development Plan of Amalner, Tq. Amalner, Dist. Jalgaon. Notice u/s 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "MRTP Act") was issued on 20.12.1996. The same was served upon the respondent-Council on 20.12.1996. As no steps were taken, the petitioner filed Civil Suit bearing RCS No. 1/1998 seeking declaration that the land stands released from the

2 Sr44WP15133.2017 reservation. As no steps were taken for acquisition of the said land, the suit was decreed on 16.11.2011. The Government has not taken any steps for issuance of Notification u/s 127(2) of the MRTP Act. 2.

Mr Rane, the learned counsel for respondent No. 5 submits that, it is for the State Government to issue notification under subsection 2 of Section 127 of the MRTP Act. The learned counsels accepts that, the decree of the civil court in RCS No. 1/1998 has been accepted by the Municipal Council.

3.

As no steps for acquisition have been taken within the period as stipulated u/s 127 of the MRTP Act, the Civil Court has declared that the land is released from the acquisition. The said declaration is given in the year 2011. Once the land is released u/s 127 of MRTP Act, notification under sub-section 2 of Section 127 of MRTP Act has to be issued by the State Government. 4.

Considering the above, the respondent no. 1 shall issue the required notification under sub-section 2 of Section 127 of the MRTP Act in respect of the land for which the decree dt. 16.11.2011 is passed in RCS No. 1/1998 within the period of six months.

3 Sr44WP15133.2017 5.

Writ Petition is, accordingly, disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde