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2023 Supreme(Bom) 1859

PRITHVIRAJ K. CHAVAN, U. J. PHALKE
Pralhad Tulsiram Bundele – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
G.K.Mundhada, Advocate, K.R.Deshpande, Advocate, Yash Jaiswal, Advocate

JUDGMENT/ORDER

PRITHVIRAJ K.CHAVAN, J. - Rule.

2. Rule is made returnable forthwith and taken up for final hearing by consent of learned Counsel for the parties.

3. The petitioner has made following substantive prayers:

    (A) Declare that the reservation for purpose of Garden vide Reservation no.57 as per 1st revised development plan and reservation for purpose of Play Ground vide Reservation no.57 as per the Excluded Part of the Development plan affecting the land owned by the petitioner of Survey no.31/4, area admeasuring 1.09HR Village Khel Traymbak Narayan Tq. Achlapur Dist. Amravati has lapsed under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 and that the petitioner are free to develop the land owned by him in the manner permissible to adjacent land as per Development Plan of Achalpur city.

(B) Direct the respondents to notify and publish in the official Gazette within eight weeks or within a period as may be specified by this Hon'ble Court for issuing notification under Sec. 127 sub-sec. (2) the lapsing and declare that the reservation for purpose of Garden vide Reservation no.57 as per 1st revised development plan and reservation for purpose of Play Ground vi

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