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2017 Supreme(Bom) 356

NARESH H.PATIL, M.S.KARNIK
Ashok Shriram Kulkarni – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vijay Killedar.
For the Respondents: Mr. A.S. Desai and Ms. R.A. Salunkhe.

JUDGMENT :

M.S. KARNIK, J.

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

2. The petitioner in this Petition prays for issuance of appropriate writ, order, direction to the respondents to de-reserve plot bearing No. CTS 339 1/A – A/B at Ashta, Taluka – Walwa, District Sangli (hereinafter referred to as the said plot for short).

3. The petitioner contends that he is the owner of the said plot. The said plot was reserved at No. 54 for civil and cultural centre by Maharashtra Town Development and Public Health Department. The development plan was sanctioned by respondent No. 1-State Government on 30.06.1982. Respondent No. 3-Ashta Municipal Council passed a resolution on 31.10.1994 cancelling the reservation No. 54 over the said plot. The reason cited was lack of adequate funds and therefore, resolution to cancel reservation No. 54 was passed. The respondent No. 1 however did not take a decision on the said resolution.

4. No steps were taken by the respondents to acquire the said plot under the Maharashtra Regional Town Planning Act, 1966 (hereinafter referre



















































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