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2007 Supreme(Bom) 250

D.D.SINHA, A.B.CHAUDHARI
KISHOR s/o SIDDHESHWAR WADOTKAR – Appellant
Versus
DIRECTOR OF TOWN PLANNING – Respondent


ORAL JUDGMENT

D. D. SINHA, J. :- Rule returnable forthwith. Heard finally by consent of Shri Bhide, learned Counsel for the petitioner, Mrs. Jog, learned Assistant Government Pleader for the respondent Nos. 1 and 3, and Shri Dharaskar, learned Counsel for the respondent No.2.

2. Shri Bhide, learned Counsel for the petitioner, states that petitioner is owner of land bearing Survey No.1, admeasuring 73 ares at Mouza Khel Chatari, Jalgaon Jamod. Out of the said land, land admeasuring 700 square metres of plot No. 5/2/22 was reserved for extension of dispensary in the development plan of city of Jalgaon Jamod of the year 1976. At the relevant time, Siddheshwar, father of the petitioner, in whose name land was, was alive and had served notice dated 22-4-2002 under section 1"27 of the Maharashtra Regional and Town Planning Act, 1966 on the Planning Authority since period of more than ten years was lapsed, the Planning Authority was called upon to acquire the land within a period of six months from the date of receipt of the said notice. It is contended that since Planning Authority failed to acquire land in question or initiate proceedings for acquisition before expiry of period of six m













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