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2023 Supreme(Bom) 1248

SUNIL B. SHUKRE, RAJESH . S. PATIL
Tulsidas Gopalji Charitable and Dhakleshwar Temple Trust – Appellant
Versus
State of Maharashtra, through its Chief Secretary, Urban Development Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Chetan Kapadia, Senior Advocate a/w. Mr. Rohan Agarwal, Ms. Priya Diwadkar, Ms. Nandita Shah i/b. Manilal Kher Ambalal & Co.,
For the Respondent:Mr. Girish Godbole, Senior Advocate a/w. Ms. Pooja Yadav & Mr. Kunal Waghmare i/b. Mr. Sunil Sonawane, Mr. A. L. Patki, AGP

JUDGMENT :

Sunil B. Shukre, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties.

2. The land in question was reserved for the public purpose of recreation ground. Since the land was not acquired by the Planning Authority i.e., Respondent-Municipal Corporation for a period of more than 10 years, the Petitioner served a purchase notice under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (for short ‘MRTP Act’) upon the Corporation. The purchase notice was issued on 25th September 2006 and it appears that it was received by the Corporation on the same day. After receipt of such purchase notice, as per the provisions contained in Section 127 of the MRTP Act, the Corporation was obligated to either acquire the land or take steps towards acquisition of the land within a period of six months from the date of receipt of the purchase notice. The period of six months expired on 25th March, 2007.

3. What we find here from the pleadings of both sides is that no steps towards acquisition of the land were taken by the Corporation before the expiry of period of six months, which period expired on 25th March, 2007. Of course, Mr.

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