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HIGH COURT OF BOMBAY
A. S. Gadkari, Kamal Khata, JJ
Darpan Narendra Thakur – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. writ petition for declaration of lapsed reservation. (Para 1 , 2 , 3) |
| 2. land not acquired within 10 years; s.127 notice. (Para 4) |
| 3. admission of lapse; belated tdr offer afterthought. (Para 5) |
| 4. automatic lapse per precedents despite authority delay. (Para 6 , 7 , 8 , 9) |
| 5. mandamus to notify lapse in official gazette. (Para 10 , 11) |
JUDGMENT (Per : A.S. Gadkari, J.) :-
1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties taken up for final hearing.
2) By this Petition under Article 226 of the Constitution of India, the Petitioner, owner of Survey No.317, Hissa No.3, 4 & 12E, situated at Village Virar, New Viva College Road, Taluka Vasai, District Palghar, (‘said plot of land’) is seeking a writ of Mandamus for declaring that, the reservation on the said plot of land has lapsed and the said land be released from reservation as contemplated under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’).
3) Heard Mr. Najmi, learned Advocate for the Petitioner, Mr. Patel, learned Additional G.P. for Respondent No.1, State and Mr. Patil, learned Advocate for Respondent Nos.2 and 3. Perused t
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