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2018 Supreme(Bom) 2102

PRASANNA B.VARALE, MANGESH S.PATIL
Aminabee Abdul Wahab Malik – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
S.P. Shah, Adv., A.R. Syed, Adv., P.R. Patil, Adv., S.Y. Mahajan, Adv.

JUDGMENT :

Mangesh S. Patil, J.

Rule. Rule is made returnable forthwith. With the consent of the parties the matters are heard finally.

2. These are the petitions under Article 226 of the Constitution of India seeking declaration under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the M.R.T.P. Act) about the lapse of reservation. Since the facts and the law applicable to the fact situation in all these four petitions is same except the petitioners and their respective lands, all these writ petitions have been heard together and are being disposed of by this common judgment.

3. The learned advocate for the petitioners submitted that the respective properties of the petitioners were reserved as site no.165 in the development plan of Jalgaon Municipal Corporation which was published on 10.08.2004 and which came into effect from 01.10.2004. The writ properties were reserved for playground, primary school and D.P. Road. The petitioners served first purchase notice on 09.04.2012 as contemplated under Section of the 127 of the M.R.T.P. Act and again served a second purchase notice on 05.09.2014 which was duly received by the respondent no.2-Ja

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