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2023 Supreme(Bom) 742

G. S. KULKARNI, KAMAL KHATA
Sadashiv Tryambak Rajebahadur – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shrishailya S. Deshmukh.
For the Respondents: M.P. Thakur, Vaibhav Patanakar.

JUDGMENT :

KAMAL KHATA, J.

1. Rule. Rule made returnable forthwith. Mr. Patankar waives service for respondent Nos. 2 and 4. Mrs. Thakur, waives service for respondent Nos. 1, 3 and 5.

2. By this Petition under Article 226 of the Constitution, the Petitioner seeks a Writ of Mandamus to declare that the Reservation No. 485 on Final Plot No. 131/1 and 131/2 in City Survey No. 352 & 352A has lapsed and consequently stand released from reservation since no steps have been taken by the concerned authorities for more than twenty years either for purchase or for acquisition of land under the Maharashtra Regional and Town Planning Act, 1966 (“the MRTP Act”) and within a period of 12 months from the date of Purchase notice dated 8th July 2015 as contemplated under the Act.

BRIEF FACTS:

3. The Petitioners are owners and in possession of the land bearing CTS No. 352 & 352 A, Final Plot No. 131/1, 131/2 I TPS-1 [Final], (bearing Reservation No. 485 “Parking”) admeasuring 800 sq. meters (referred to as “the Plot” for short) situated within the jurisdiction of Nashik Municipal Corporation. It is stated that though the Plot was reserved for public parking since 1996 no steps were taken for its acquisi

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