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2014 Supreme(Bom) 2045

NARESH H.PATIL, A.A.SAYED, B.P.COLABAWALLA
Kolte Patil Developers Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:M.C. Korde, Senior Advocate with S.D. Mogre, Advocate.
For the Respondents:R1 & R3, A.B. Vagyani, Govt. Pleader with V.N. Sagare, APP, R2, R.S. Khadapkar, Advocate.

JUDGMENT

NARESH H. PATIL, J.

1. The petitioner sought for direction for declaration that the land described in Exh.B to the petition stands released from the reservation for a primary school under the Development Plan 1987 for Pune city by virtue of section 127 of the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act" for short). The petitioner further prayed for direction to the respondents to complete the acquisition proceedings and to declare award by taking possession of the subject land under section 16 of the Land Acquisition Act, 1894.

2. The petitioner contended that on 5th January 1987 a final development plan was published. The petitioner has development rights of plot No.188 of Sangamwadi in Pune. The said plot was shown reserved for primary school in the said final development plan. On 10th February 1988, respondent No.2-Corporation moved an application requiring the Government of Maharashtra to acquire the land for the purposes of the primary school as per the reservation made in the final development plan published on 5th January 1987. The petitioner claims to have made several representations reminding the authorities to take necessary steps. The petitioner i






















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