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2018 Supreme(Bom) 1484

A.S.OKA, RIYAZ I.CHAGLA
Abdul Gani N. Wadwan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Dr. Ramdas P. Sabban, Pravin Sabban.
For the Respondents: Mrs. R.A. Salunkhe, Samir Kumbhakoni.

JUDGMENT :

A.S. OKA, J.

1. Notice for final disposal was ordered to be issued on 11th January, 2018 in both the Petitions. In Writ Petition No. 12472 of 2016, the Petitioner claims to be the owner of the land described in paragraph 3 thereof. It is not in dispute that the development plan of city of Solapur 1997-2017 was sanctioned by the State Government 28th October, 2004 and it was brought in to force with effect from 15th December, 2004. The land subject matter of Writ Petition No. 12472 of 2016 is shown as reserved therein for Development Plan road (DP Road). The Petitioner served a notice purporting to be a notice under section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP Act”) in respect of the land admeasuring 1 H 21-R bearing Survey No. 139/2 corresponding New Gat No. 137/2 of Solapur. According to the notice, out of the said land, an area of approximately 8,336 sq. mtrs. stands reserved under the said Development Plan for 60 meter wide DP road.

2. The Petitioners in Writ Petition No. 12474 of 2016 are claiming to be the owners of land more particularly described in paragraph 3 of the said Petition. The Petitioners served a notice date 7th Janu












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