JUDGMENT -KARNIK D.G., J.:---The petitioner was the owner of the land bearing S. No. 477 of village Mahrum taluka, District Jalgaon, admeasuring 7 acres and 28 gunthas. The petitioner prepared a lay out of the said land which was sanctioned by the Chief Officer, Jalgaon Borough Municipality on 5th/6th March, 1965, under section 16 of the Bombay Town Planning Act, 1954. According to the lay out, the total land was divided into 42 buildable plots, roads and certain open space meant for common use and enjoyment of the said 42 plots. It appears that out of the said 42 plots, the petitioner has sold some while some plots bearing Nos. 29 to 35, together with some part of the open space, were reserved subsequently for the purpose of primary school and play ground under the development plan prepared under the Maharashtra Regional Town Planning Act, 1966. It is not disputed that the reserved plots and part of the open space, which was reserved, have since been acquired and the Award has been passed.

2.The respondent No. 2-Municipal Council, as alleged by the petitioner, without any authority of law and without following any procedure established by law, purportedly and illegally claimed th

Click Here to Read the rest of this document