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2008 Supreme(SC) 1775

AFTAB ALAM, MARKANDEY KATJU
Prakash R. Gupta – Appellant
Versus
Lonavala Municipal Council – Respondent


Advocates appeared:
R.F. Nariman, Sr. adv., Shivaji M. Jadhav, Rahul Joshi, Brijkishor Sah, Lenin S. Hijam, Pramji Paul, Ms. Aprajita Singh (for Mr. V.N. Raghupathy), Mrs. Jayashree Wad, Ashish Wad, Chirag S. Dave, Satya Vikram, Sameer Abhyankar (fpr M/s. J.S. Wad & Co.) and Sanjay V. Kharde (for Mrs. Asha G. Nair), Advocates.

ORDER

1. Heard learned counsel for the parties.

2. This appeal has been filed against the impugned judgment of the Division Bench of the High Court, dated 9th November, 2001. The detailed facts are given in the impugned judgment of the High Court and it is not necessary for us to repeat the same here except where necessary for deciding the appeal.

3. The appellant is the owner of the land in dispute. His land was reserved under a development plan for a certain college but that college got disaffiliated. Thereafter, a minor modification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966 (in short, ‘the Act’) was issued and it was said to be allotted to the present respondent No.3.

4. However, it appears that the land was not acquired within the ten year period mentioned in Section 127 of the aforesaid Act. Section 127 states as under:

“Lapsing of reservations

If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force or if proceedings for the acquisition of such land under this Act or under


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