(Ravindra V. Ghuge, J.)

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. The petitioner is an agriculturist aged 77 years. It is stated that he is suffering from various ailments. He is a joint owner of agricultural land Gat No.933 (Old Survey No.212/1), admeasuring 15-R. The said land is in the joint ownership and possession of the petitioner.

3. Respondent No.2 is the Municipal Council, Faizpur, Tal. Yawal, Dist. Jalgaon. In 1981, respondent No.2 clamped reservation on survey no. 205 for creation of a library. The petitioner is unconcerned with the said survey. The chart of reservation, supplied to the petitioner under the Right to Information Act, evidences this fact. However, map drawing the reservation has wrongly shown survey No.212 which belongs to the petitioner. The copy of the reservation chart and the map is at Annexure “B”, which is at Page No.13 and 14 of the petition paper book.

4. The petitioner made an application dated 06/10/1990 addressed to respondent No.2 contending therein that no steps have been taken for acquisition of his land. He put forth options either to give him compensation or to cancel the reservation. Respondent No.2 passed a resolution dated 13/02/1991 bearing No.378 deciding therein that the land of the petitioner is not necessary for the purpose of reservation. The copy of the application put forth by the petitioner dated 06/10/1990 and the resolution passed by respondent No.2 dated 13/02/1991 is Annexure “C” collectively, at page No.15 and 16 of the petition paper book.

5. The petitioner contends that a legal notice dated 03/04/1999 was then issued to the respondents, calling upon them to free his land from the alleged reservation. Copy of the said notice is Annexure “D” at page No.17 of the petition paper book. Under Right to Information Act, the petitioner learnt that respondent No.3 had issued a letter calling upon respondent No.2 to clarify and explain what steps have been taken by respondent No.2 in furtherance to the notice of the petitioner dated 03/04/1999. The said letter dated 16/08/1999 bearing O/W. No.424 is Annexure “D” at page No.20.

6. The petitioner claims to have been paying taxes regularly. In 2005, the petitioner had an offer from a Cellular Service Operator for erection of a mobile tower on his land. He submitted a letter dated 28/11/2005 to respondent No.2 seeking its no objection. The said application was rejected by reply dated 07/12/2005. Copies of the application, tax receipt and reply of respondent No.2 are at Annexure “E” collectively from page No. 22 onwards.

7. The petitioner, then, lastly issued a notice u/s 127 of the M.R.T.P. Act, 1966 dated 27/10/2011 calling upon the respondents to free his land from reservation. Respondent No.2 replied vide its letter dated 16/02/2012 claiming that a resolution was passed on 27/01/2012, regarding acquisition of the said land. Copy of the said legal notice dt.27/10/2011 and the reply of respondent No.2 dtd. 16/02/2012 is Annexure ‘F’ at page No.26 to 42 of the petition paper book.

8. Since no definite stand was being taken by the respondent, the petitioner preferred this writ petition.

9. Respondent No.2 has filed its affidavit in reply, raising an objection that the claim of the petitioner of having issued a notice u/s 127 of the M.R.T.P. Act, 1966, is misconceived and the same cannot be construed to mean a legally valid notice. It is contended that the Municipal Council has resolved to submit the proposal for acquisition of the land in Gat No.933 admeasuring 15R (belonging to the petitioner) for the purpose of library. Thereafter, there have been no steps taken by the respondents.

10. Respondent No.1/State of Maharashtra and respondent No.3 the Assistant Town Planning Officer, Town Planning Department, Jalgaon have jointly filed an affidavit in reply. The sum and substance of the said reply is that Gat No.933 is reserved for library. It is contended that the letters of the petitioner dated