Shri Ramesh Shravandas Rathod v. Karmala Municipal Council And ANR.

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50. WP 4127-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4127 OF 2016 Shri. Ramesh Shravandas Rathod

...Petitioner

vs.

Karmala Municipal Council and Anr.

...Respondents

---- Mr. T.D. Deshmukh for petitioner.

Mr. A.I. Patel, Additional G.P.for the State. ---- CORAM : B. P. DHARMADHIKARI & SANDEEP KASHINATH SHINDE, JJ.

DATE : 04/09/2019.

P.C.:

Perused notice sent by petitioner on 16/02/2015 to chief Ofcer of Karmala Nagar Parishad. Notice fies price of land at Rs.8,88,77,413/- and demand that Municipal Council should purchase it by paying that amount and use the land for garden and library.

2.

Thus, it does not satisfy requirement of Section 127(1) namely calling upon Municipal Council to acquire. Section 126 of M.R.T.P.Act, 1966 gives more than one option to

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50. WP 4127-2016.doc Municipal Council to acquire the land.

3.

We, therefore, fnd prayer that reservation has lapsed within one year after service of this notice is unsustainable. With liberty to petitioner to take steps as open in law, we disposed of this petition.

(SANDEEP KASHINATH SHINDE, J.)(B. P. DHARMADHIKARI, J.)