RANJANA PRAKASH DESAI, H.L.GOKHALE, G.S.SINGHVI
Shrirampur Municipal Council, Shrirampur – Appellant
Versus
Satyabhamabai Bhimaji Dawkher – Respondent
Judgment :-
G.S. Singhvi, J.
1. Leave granted.
2. The question which arises for consideration in these appeals is whether reservation of the parcels of land owned by the respondents in the Regional plans/Development plans prepared under the Maharashtra Regional and Town Planning Act, 1966 (for short, ‘the 1966 Act’) will be deemed to have lapsed because the same were not acquired or no steps were commenced in that respect within six months of the service of notice under Section 127 of that Act.
3. For the sake of convenience, we shall first notice the facts from the record of the appeal arising out of SLP(C) No. 9934/2009.
3.1 Respondent Nos. 1 to 5 are the owners in possession of the land comprised in Gat Nos. 44/1/2 and 44/1/4, CTS No. 2141 measuring about 2 hectares and 40 ares situated at Shrirampur Taluka, Shrirampur (Maharashtra).
3.2 In the Development plan prepared for Shrirampur under the 1966 Act, which was sanctioned by Director of Town Planning, Maharashtra vide order dated 9.8.1991 and enforced with effect from 31.10.1991, the land of respondent Nos. 1 to 5 was shown as reserved for primary school and playground. However, the same was not acquired in accordance with the prov
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