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2003 Supreme(Bom) 478

R.M.LODHA, A.S.AGUIAR
Baburao Dhondiba Salokhe – Appellant
Versus
Kolhapur Municipal Corporation & another – Respondent


Judgment

LODHA R.M., J.:---The petitioner is owner of the land bearing R.S. No. 773 admeasuring approximately 19831 sq.mtrs., situate at Kasba Karvir within Kolhapur city. The first respondent-Kolhapur Municipal Corporation (for short the Corporation) is the Planning Authority under the provisions of Maharashtra Regional and Town Planning Act, 1966. The development plan of the Kolhapur city was revised by the Corporation in the year 1977 which came to be sanctioned by the State Government and became effective from 15-10-1977. In that revised development plan, the petitioners aforesaid land was reserved for two separate purposes viz. (i) garden and (ii) 18 meters wide D.P. Road. In the year 1980 at the instance of the Corporation, the acquisition proceedings in respect of portion of petitioners aforesaid land reserved for 18 metres wide D.P. Road commenced. On 26-3-1991, the acquisition proceedings in respect of land reserved for public purpose of 18 metres wide D.P. Road culminated in award. However, as regards petitioners remaining land reserved for the purpose of garden when no steps were taken until July, 1991, the petitioner on 8th August, 1991, gave notice to the Corporation un

















































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