R. D. DHANUKA, S. M. MODAK
Trimbak Joma Thakur – Appellant
Versus
Principal Secretary, Urban Development Department – Respondent
JUDGMENT
R.D.DHANUKA, J.
1. Rule. Learned AGP for the respondent no.1,2,4 and 7 waives service. Mr. Hegde Learned counsel for the respondent no.5 and 6 waives service. By consent of parties, petition is heard finally
2. By this petition filed under article 226 of the Constitution of India, the petitioners seek writ of mandamus directing the respondents to deposit the entire decreetal amount along with accrued interest till the date of payment in respective Darkhast applications as per chart annexed at Exhibit 'D' to the petition and to permit the petitioners to withdraw the said amount. Some of the relevant facts for deciding this petition are as under:-
3. The State Government had notified around 95 villages by different notifications for setting up a new town under Sec. 113 of the Maharashtra Regional Town Planning Act, 1966 (for short "the said MRTP Act) . On or about 2nd/3/9/1970, the State Government issued different notification for each village under Sec. 4 of the said MRTP Act. The acquisition proceedings however were not completed. The notification under Sec. 4 of the MRTP Act thus lapsed. On 24th/26/9/1986, the State Government issued a fresh notification in respect of the
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