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2014 Supreme(Bom) 2004

A.S.OKA, G.S.KULKARNI
Shantaram Shankar Jamsandekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: N.V. Bandiwadekar i/b Prashant Bhavake and R.P. Walvekar
For Respondents/Defendant: V.P. Malvankar, AGE 'A' Panel and S.S. Patwardhan

Judgment

G.S. Kulkarni, J.

Both these petitions are heard together as the controversy in both these petitions concerns reservation in respect of land bearing R.S. No. 779/2.

WRIT PETITION NO.313 OF 2012

1. By this Petition under Article 226 of the Constitution of India the petitioners pray for a direction that the reservation in respect of land bearing R.S. No. 779/2, situate at B Ward, Kasba Karveer, Taluka and District Kolhapur being reservation Nos. 250 and 251, in the second revised final development plan for Kolhapur, has lapsed as per the provisions of Section 127(1) of the Maharashtra Regional Town Planning Act, 1966 (for short MRTP Act) and that the respondents be directed to permit the petitioner to develop the said land.

2. Petitioners nos. 1 to 12 are the owners of land bearing R.S. No. 779/1 situate at B Ward, Kasaba Karveer, Taluka and District Kolhapur and Petitioner nos. 13 to 15 are owners of survey No. 779/2 (Both lands for short referred as "said lands"). Respondent no. 1 by an order dated 18.2.1999 sanctioned the 2nd revised final development plan for Kolhapur city under Section 31 of the MRTP Act. In this development plan the said lands were reserved for "a garden" n


























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