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2005 Supreme(Bom) 600

R.S.MOHITE, R.M.LODHA
C. V. Shah, A. V. Bhat – Appellant
Versus
State of Maharashtra – Respondent


Judgment

R. M. LODHA, J.

( 1 ) THE arguments advanced before us in this batch of three writ petitions have crystalised two issues for our determination. These issues are :

(I) Whether the designation of the land bearing survey Nos. 577 Hissa No. 1, 577 hissa No. 2, 577 Hissa No. 3 and 578 Hissa no. 1 (part) in the revised development of Pune city for the 'timber industry ' is for the public purpose.

(II) Whether the designation of the aforesaid land for the 'timber industry' in the revised development plan of Pune City notified on 5-1-1987 has lapsed under section 127 of the Maharashtra Regional Town planning Act, 1966 (for short, 'the MRTP Act, 1966') for want of any steps for acquisition of the said land within six months of the service of the purchase notice.

( 2 ) BEREFT of unnecessary details, the aforesaid two issues arise in the facts and circumstances which we briefly state hereunder. WRIT PETITION NO. 7846 of 2004

( 3 ) THE petitioners in this writ petition claim to be the owners of the land comprising of survey No. 577 Hissa No. 1 and 578 Hissa no. 1 (part), situate at village Munjeri, Taluka haveli, District Pune. On 5-1-1987, the government of Maharashtra published the rev








































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