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2021 Supreme(Bom) 74

S.J.KATHAWALLA, SURENDRA P.TAVADE
Jayantilal Himmatlal Oswal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.U.B.Nighot
For the Respondent: Mr.S.B.Kalel, Mr.A.A. Garge, adv

ORDER :

S.J.KATHAWALLA, J.

1. The Petitioner is the owner of land more particularly set out/described hereinafter. Respondent No.1 is the State of Maharashtra, Respondent No.2 is the Director of Town Planning Authority and Respondent No. 3 is the Lonavala Municipal Council.

2. The Petitioner has filed the above Writ Petition inter alia seeking the following reliefs :

    “(b) That by an appropriate writ, order and or direction it is declared that the reservation, designation or allotment provided under the development plan and revised development plan of Respondent No. 3 - Lonavala Municipal Council in respect of 390 Sq. Mtrs. Land from Survey No. 21, Hissa 1 B, Lonavala within the jurisdiction of Lonavala Municipal Council is lapsed and said land is available to Petitioner for the purpose of development or otherwise, as is permissible;

(c) That by an appropriate writ, order and or direction it is declared that the said reserved land i.e., 390 Sq. Mtrs. Land from Survey No. 21, Hissa 1 B, Lonavala, within jurisdiction of Lonavala Municipal Council has been de-reserved under the provisions of Maharashtra Regional Town Planning Act as per the purchase notice dated 21.7.2018 for want of valid

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