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2022 Supreme(Bom) 1648

RAVINDRA V. GHUGE, ARUN R. PEDNEKER
Madanlal Zumberlal Nahar – Appellant
Versus
Chief Officer Municipal Council Beed Tal & Dist: Beed – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.S. Bora.
For the Respondents: Mr. G.K. Naik Thigale, Mr. A.R. Kale.

JUDGMENT :

(Arun R. Pedneker, J.) :

1. Present Writ Petitions are filed for a declaration that the reservation of the Petitioners’ land of 0.74 Hector in District Beed, Maharashtra, for a public purpose under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred as ‘1966 Act’) has lapsed and that the reserved land should be declared free for development.

2. The Petitioners in the Writ Petitions pray for the following reliefs:-

    “c. By issuing a writ order of direction under Art. 226 of the constitution of India it be held and declared that, the reservation of the Survey no.87 at Taraf Giram in Beed to the extent of 74 R. owned by the petitioners in the development plan of Municipal council Beed has lapsed and the said land is released from the reservation and the land will be available to the petitioners for development.

d. Pending the hearing and final disposal of the present Writ petition the respondent authorities be restrained for acquiring the land of the petitioner to the extent of 74 R. situated at Taraf Giram, Beed for any development purpose.”

3. Heard Mr. S. S. Bora for the Petitioners, Mr. A. R. Kale, AGP for the Respondent / State and Mr. G. K. Naik Thi

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