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2023 Supreme(Bom) 1261

SUNIL B. SHUKRE, RAJESH S. PATIL
Babanrao Dattu @ Dattoba Dangat – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prathamesh Bhargude, with Mr. Sumit Sonare and Mr. Sharad Dhore
For the Respondent: Ms. M.P. Thakur, Mr. R.S. Khadapkar

JUDGMENT :

Sunil B. Shukre, J.

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

2. The only issue involved in this petition is whether the Purchase Notice issued by the petitioners, under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966, of 16th September 2013 is valid or not. The incidental question arising from the main question is that if purchase notice is considered to be valid, would it lead to deemed de-reservation of the land in question in view of the provisions made in Section 127 of the Maharashtra Regional and Town Planning Act, 1966, (“MRTP Act”, for short), or would it be affected by the sanction of revised development plan subsequent to issuance of the purchase notice.

3. According to learned counsel for the petitioners, even though the Purchase Notice dated 16th September 2013 was issued after publication of draft revised development plan on 28th March 2013, the purchase notice was valid and as no steps for acquisition of the land within the prescribed period of one year were taken by the respondent-Municipal Corporation, there was dereservation of the land in question by deeming f

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