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2007 Supreme(Bom) 1418

M.G.GAIKWAD, N.V.DABHOLKAR
Satyabhamabai w/o Bhimaji Dawkher – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri A.B. Kale, Advocate h/f Shri Abhijit Kale, Advocate for petitioner.
Shri Kishore Patil, A.G.P. for respondent nos.1 to 4.
Shri V.D. Hon, Advocate with Shri Vilas Jadhav, Advocate for respondent no.5.

ORAL JUDGMENT (Per Dabholkar, J.)

1. By this writ petition under Articles 226 and 227 of the Constitution of India, petitioner seeks a declaration that the reservation on the land of petitioner has lapsed i.e. the land is dereserved and also directions to respondents to take necessary steps for dereservation of the land in its records so as to enable petitioner to develop the land for the purpose permissible in the case of adjacent land under the relevant plan.

2. Heard respective counsel.

3. Rule. Rule made returnable forthwith by mutual consent and the matter is heard for final disposal.

4. The factual matrix necessary for the purpose of adjudication of writ petition can be narrated as follows. Petitioner is owner of Gut No.44 of Shirasgaon, which is now part and parcel of Municipal limits of Shrirampur Municipal Council, Dist. Ahmednagar. An area admeasuring 5536 Sq.Mtrs. is reserved for playground according to development plan. The draft development plan submitted by Municipal Council to the Government was sanctioned by the State on 9.8.1991 and published in the Government gazette on 5.9.1991. . Because the State or Municipal Council did not take any steps for acquiring the rese





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