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2007 Supreme(Bom) 70

SWATANTER KUMAR, J.P.DEVADHAR
PERFECT MACHINE TOOLS CO. LTD. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For petitioner: Milind Jadhav instructed by M/s Haresh Mehta and Co.
For respondents:K. K. Singhvi, Senior Advocate with Mrs. Aruna Savla

JUDGMENT

SWATANTER KUMAR, C. J. :-

Section 126 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the Act") empowers a planning authority, development authority or, as the case may be, any appropriate authority to acquire land which is required or reserved for any public purpose specified in any plan or scheme framed under the Act and after the publication of a draft regional plan. This acquisition could be by different modes specified under the provisions of the said section. A land which is allotted or designated for any specified purpose in any plan under the Act if not acquired within ten years from the date on which the final regional plan or final development plan comes into force and if the acquisition proceedings of such land under the Land Acquisition Act are not commenced within the said period, it gives a right to the owner or any person interested in the land to serve a notice under section 127 of the Act on the planning authority, development authority or, as the case may be, any appropriate authority to that effect. If, within six months from the date of service of such notice, the land is not acquired or steps as aforesaid are not tak
































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