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2017 Supreme(Bom) 2390

S.C.DHARMADHIKARI, MANGESH S.PATIL
Kashinath – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :V.D. Sapkal, Advocate.
For the Respondents: D.R. Kale, AGP.

JUDGMENT :

Mangesh S. Patil, J.

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

2. A common question in these sister writ petitions that arises for consideration is as to whether on the facts of these cases can it be declared that the reservation imposed on the petitioners' land has lapsed due to the failure of the Planning Authority to take steps within the statutory period stipulated by Section 127 of the Maharashtra Regional Town Planning Act, 1966 (for short MRTP Act). The petitioners are seeking a writ of mandamus under Article 226 of the Constitution of India with following prayers.

"[B] To hold and declare that reservation of land admeasuring 09 Aar of petitioner in respect of site No. 45, reserved for garden and residential zone from land survey No. 179 situated at Rahata, Ta. Rahata, District Ahmednagar from final development plan dated 16-08-2004 of Municipal Council, Rahata, Ta. Rahata, District Ahmednagar, is lapsed.

[C] To direct respondents to issue notification in respect of de-reservation as contemplated under section 127 of the MRTP Act by publishing it in Government Gazette showing de-reservation of land admeasuring 09 Aar of peti















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