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2007 Supreme(Bom) 1111

NARESH H.PATIL, R.M.BORDE
SURESH LAXMINARAYAN JAISWAL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
B.A.DARAK, S.R.BARLINGE, UMAKANT K.PATIL

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 plan. T















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