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2013 Supreme(Bom) 1186

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Arun Motiram Nimkar – Appellant
Versus
Municipal Corporation of City of Amravati – Respondent


Advocates Appeared:
For the Petitioners:G.K. Mundhada, Advocate.
For the Respondents:R1 & R2, J.B. Kasat, Advocate, R3, P. D. Kothari, Assistant Government Pleader.

JUDGMENT

(A.S. Chandurkar, J.)

1. Rule. Rule is made returnable forthwith and heard by consent of the parties.

2. Heard Shri G. K. Mundhada for the petitioners, Shri J. B. Kasast Advocate for the respondent nos.1 & 2 and learned Assistant Government Pleader for the respondent no.3.

3. A common question namely “on the Court pronouncing under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 that the reservation has lapsed, whether such lapsing cannot come into force till publication of Gazette Notification as contemplated by Section 127(2) of the said Act” arises for determination in all these writ petitions. Hence, we have heard respective Counsel and all the writ petitions are being disposed of by this common judgment.

4. The undisputed facts show that the respective lands owned by the petitioners were the subject matter of reservation under a development plan of the City of Amravati. Each of the petitioners had initially approached this Court seeking a declaration of lapsing of reservation in view of inaction on the part of planning authority in acquiring the said lands for the purpose for which they were reserved. This Court had in the respective writ petitions








































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