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2018 Supreme(Bom) 1072

RANJIT MORE, ANUJA PRABHUDESSAI
Sou. Hasina Kudbuddin Shaikh – Appellant
Versus
Karad Municipal Council, Through the Chief Officer – Respondent


Advocates Appeared:
For the Petitioner:Mr. Girish S. Godbole with Mr. A.M. Kulkarni and Mr. Sarthak Diwan, advocates
For the Respondent:Mrs. R. M. Shinde, AGP, Mr. Vikram Chavan I/b. Ms. Niharika Waradkar, advocate

JUDGMENT :

Ranjit More, J.

The petitioners claim to be the owners of final plot No.481, Town Planning Scheme No.1 at Karad admeasuring about 1721.16 square meters (hereinafter referred to as “the said land”). The respondent No.1 is Karad Municipal Council established under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The respondent Nos.2 and 3 are the Director, Town Planning and State of Maharashtra respectively.

2. The petitioners have approached this Court invoking jurisdiction under Article 226 of the Constitution of India seeking declaration that the reservation/designation bearing No.46 on the said land in the sanctioned development plan of the respondent No.1-Karad Municipal Council has lapsed and the said property is deemed to have been released from the said reservation/designation and the same is become available for development to the petitioners.

3. The brief facts giving rise to the present petition are as follows :

The State Government sanctioned the first revised development plan of Karad Municipal Council on 1st December, 1983, in which, the said land was reserved as reservation site No.46 for Municipal purposes. This plan came





























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