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2012 Supreme(Bom) 1299

M.T.JOSHI, S.C.DHARMADHIKARI
Ravikant Lakshminarayan Zanwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. G.K. MUNDHADA, Advocate for Petitioner.
Mr. D.P. THAKARE, Learned A.G.P. for Respondent nos. 1 & 4.
Mr. J.B. KASAT, Advocates for Respondent nos. 2&3.

JUDGMENT

S. C. DHARMADHIKARI, J. :-

Rule. In view of the order passed on 01.03.2012 and by consent of the parties, we proceed to hear and dispose of the petition at the stage of admission.

2. This is a Writ Petition by a person claiming to be owner of Survey No.120, Sub-division No.1A, 2 and 3, admeasuring 2 H.47 R of Mouza Rahatgaon, District Amravati. This land is within the municipal limits of the Almavati Municipal Corporation. This land was reserved for play ground and for primary school.

3. The respondent no.2 is the Planning Authority and the petitioner has stated that the reservation in terms of the above public purpose was sanctioned w.e.f. 25.02.1993, however, as no steps were taken for acquisition of the petitioner's land either by way of an agreement or by resorting to the provisions of the Land Acquisition Act, 1894 a notice came to be served calling upon the Planning Authority to take requisite steps in terms of Section 127 of the Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as "the 1966 Act" for short). Upon service of that notice within a statutory period of 12 months, if further steps as contemplated are not taken, it is stated that the reser

























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