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2021 Supreme(Bom) 1770

DIPANKAR DATTA, V.G.JOSHI
Prakash S/o. Ramchandra – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
C.R.Sharma, Advocate, T.H.Khan, Advocate, D.M.Kale, Advocate

JUDGMENT

DIPANKAR DATTA,C.J.

1. This writ petition is directed against a communication dated December 24, 2018 issued by the Town Planning Authority and Chief Officer, Municipal Council, Khamgaon (hereafter "the Chief Officer"). The said communication, issued in response to a purchase notice dated February 9, 2018 issued by the petitioners refers to objections raised by Shri Shashimohan Shyamsunder Tapadia and two others (hereafter "the private respondents") and conveys to them that since there is a dispute regarding ownership and boundaries of the plot in question, the purchase notice cannot be entertained. Copy of the objection of the private respondents was enclosed with the communication.

2. It is not in dispute that the revised Development Plan of Khamgaon city was published in the Official Gazette on September 30, 1993 and came into force from November 1, 1993 as per the provisions of the Maharashtra Regional Town Planning Act, 1966 (hereafter "the MRTP Act"). In terms of such development plan, Survey No. 123, Khamgaon has been reserved for a children's park. The petitioners claim to be the owners of a piece and parcel of land measuring .35 R out of Survey No. 123 (hereafter "t

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