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2023 Supreme(Bom) 1851

SUNIL B. SHUKRE, RAJESH S. PATIL
Irfan Allabaksh Shaikh – Appellant
Versus
Commissioner , Solapur Municipal Corporation – Respondent


Advocates appeared:
G.S.Godbole, Advocate, Yogesh Thorat, Advocate, Ashok B.Tajane, Advocate, Vishwanath Patil, Advocate, M.P.Thakur, Advocate

JUDGMENT/ORDER

RAJESH S.PATIL, J. - This Writ Petition is filed under Article 226 and 227 of the Constitution of India, challenging the order dtd. 6/6/2016 passed by the Assistant Engineer Municipal Corporation, Solapur, thereby refusing building permission as the plot of land is affected by reservation of play ground; and order dtd. 6/4/2018 passed by the Additional Secretary, State of Maharashtra, Town Planning Department, thereby rejecting the notice issued under Sec. 127 of the MRTP Act, 1966 on the ground that the notice is premature by 30 days.

2. On 16/1/1978 the development plan of Solapur was published, wherein CTS No. 6167, Siddheshwar Solapur was reserved at site No.319 as 'play ground', admeasuring 5070 sq. mtrs.

3. Thereafter, the Municipal Corporation decided to prepare Draft Development Plan of entire area, ie., old limit+extended limit, vide resolution No.374. Accordingly, notice was published on 22/10/1992 of revised development plan. Objections to the draft development plan were called and notice of the same was published in gazette dtd. 26/3/1999.

4. On 26/6/2001 the Municipal Corporation passed resolution No.163, for cancelling the reservation on CTS No.6167, which

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