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2007 Supreme(Bom) 1108

NARESH H.PATIL, R.M.BORDE
Suresh S/o Laxminarayan Jaiswal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Shri. S.R. Barlinge, Advocate for the petitioner.
Shri. Umakant K Patil, Assistant Government Pleader, for respondents Nos.1 and 2.
Shri. B.A. Darak, Advocate, for respondent No.3.

JUDGMENT (Per Naresh H Patil, J.):

1) Learned counsel Shri. Barlinge, for the petitioner seeks to delete respondents Nos.3 and 4.

2) Leave granted. Necessary amendments in the cause title be made forthwith.

3) Rule, made returnable forthwith. By consent of the parties, the matter is taken up for final hearing.

4) By this petition the petitioner prays for directions to the respondents to allow the petitioner to develop the land admeasuring 40 R from Survey No.275 situated at Kinwat, Taluka Kinwat, District Nanded and for a declaration that the reservation in respect of the subject land kept under the Maharashtra Regional and Town Planning Act, 1966 by respondent No.3 - Municipal Council Kinwat has lapsed.

5) In short, the petitioner’s contention is that he is owner of land Survey No.275 admeasuring 1 Hectare 9 R. Out of this land about 69 R land was acquired by the Government and the possession was taken over on 26-5-1990. The petitioner possesses 40 R of land out of Survey No.275. The town planing authority reserved the said portion of 40 R in the development plan which came into force on 3-6-1976. The subject land was reserved for Telephone Exchange in the development





















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