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2007 Supreme(Bom) 564

F.I.REBELLO, R.M.SAVANT
Hirabai Dattatray Baabar – Appellant
Versus
Sangli Miraj, Kupwad Municipal Corporation Sangli – Respondent


JUDGMENT (PER F.I. REBELLO, J.):

The petitioners are the owners of land bearing Survey No.469/2B situated at Sangli, admeasuring 1088.12 sq. meters within the limits of the Respondent No.1. Respondent No.1 came into existence since 9th February, 1998. Before that the land was within the limits of the erstwhile Sangli Municipal Council. Respondent No.1 and its predecessors are the Planning Authority for the lands situated within their planning area. In the notified development plan the petitioners land has been shown as reserved for the purpose of "Cold Storage". The development plan of Sangli city was notified on 28th March, 1977 and has come into force with effect from 1st June, 1977. As the respondent No.1 and/or its predecessor in title did not take any steps to acquire the reserved land, the petitioners caused a notice to be served on 4th December, 1987 pursuant to the provisions of Section 127 of the Maharashtra Regional & Town Planning Act (hereinafter referred to as the Act) through their Power of Attorney Holder. The respondent No.1 was called upon the take immediate steps to acquire the land. The notice was received on the same date.

The respondent No.1 by their letter dated








































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