The purchase notice issued under the provisions of Section 127 of the Maharashtra Regional and Town Planning Act must correctly describe the lands under reservation, failing which it is considered defective and not maintainable.

JUDGMENT :

S.J. Kathawalla, Milind N. Jadhav, JJ.

By the present petition, the Petitioners have prayed for the following reliefs :

“(b) Hon'ble Court be pleased to declare the suit property being free from reservation under the provisions of Section 127 of Maharashtra Regional and Town Planning Act.

(bb) Your Lordships may be pleased to issue an appropriate writ, order or direction, directing the Respondents to lapse the reservation to the extent of the Petitioners' land in R.S. No.220, Hissa No.8A and Hissa No. 9, CTS No.1016, total area 69 ares, situated at Kanakavali, Taluka Kanakavali, District Sindhudurg.

(bbb) Your Lordships may be pleased to issue an appropriate writ, order or direction, and to quash and set aside an Award dated 18.04.2016 issued by Sub-Divisional Officer, Kanakavali Sub-Division, Kanakavali, under Section 23 of the Act of 2013 to the extent of the Petitioners' land in R.S. No.220, Hissa Nos.8A and 9, and C.S. No.1016, total area 69 ares, situated at Kanakavali, Taluka Kanakavali, District Sindhudurg.”

2. The Petitioners are the owners of land bearing Revisional Survey No.220A/Hissa No.8A and Revisional Survey No.220A/Hissa No.9 bearing CTS Nos.1016 and 1023, totally ad-measuring 69 Ares situated in Tahasil - Kankavali, District - Sindhudurg (hereinafter referred to as “the said lands”). The Petitioners have prayed for a declaration that the said lands be declared free from reservation under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (“the said Act”).

3. It would be necessary to refer to the relevant facts briefly before adjudicating the lis in the present Writ Petition.

3.1. The said lands were reserved for the public amenity of 'Playground' by Resolution No.530 dated 01.11.1996 and published in the Maharashtra Government Gazette in Part II on page No.88 on 09.01.1997.

3.2. On 15.12.1999, the State Government granted its sanction to the draft development plan of Kankavali under Section 31 of the said Act and by virtue thereof the said lands were reserved for the public purpose as;

3.3. After demarcation and preparation of the map of the said lands, on 21.05.2008, the General Body of the Kankavali Nagar Panchayat passed Resolution No.14 for acquisition of the said lands and forwarding the proposal to the Collector, Sindhudurg for seeking financial assistance under the State Government UD-6 Scheme for implementation of the development plan and develop the reservation.

3.4. On 12.11.2010, the Forest Department intimated that the said lands were not covered under the provisions of Section 35(3) of the Indian Forest Act, 1927.

3.5. On 04.02.2011, the Respondent No.1 - Chief Officer - submitted the proposal to the Respondent No.3 - Collector for acquisition of the said lands.

3.6. On 22.02.2011, the Director of Excavation issued NOC for acquisition in respect of the said lands.

3.7. On 15.03.2011, the Respondent No.3 - Collector appointed the Respondent No.4 - Sub-Divisional Officer, Kankavali, Sub-Division (SDO) as Special Land Acquisition Officer (SLAO) to take further steps for acquisition of the said lands.

3.8. On 27.09.2011, the SDO directed the Deputy Superintendent of Land Records (DSLR) to carry out joint measurement of the said lands.

3.9. On 12.04.2012, the Respondent No.1- Chief Officer deposited a sum of Rs.43,17,000/- with the SDO.

3.10. On 28.09.2012 the DSLR issued advanced notices to the Petitioners and other co-owners for fixing date for joint measurement of the said la