Akash Gyanchand Bora vs The State Of Maharashtra Thr. The ...
2021 Latest Caselaw 17244 Bom

Judgment                             1            W.P.No.4429.2021.odt



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                 WRIT PETITION NO. 4429 OF 2021


      Akash Gyanchand Bora,
      Aged 54 years,
      Occu. - Agriculturist and Business,
      R/o. Rajendraprasad Ward, Warora,
      Tq. Warora, Dist. Chandrapur.

                                              .... PETITIONER

                            // VERSUS //

1)    The State of Maharashtra,
      through The Secretary,
      Urban Development Department,
      Mantralaya, Mumbai 31.

2)    The Director of Town Planning,
      State of Maharashtra,
      Central Building, Pune-1.

3)    Municipal Council (M.C.)/
      Nagar Parishad, Mul, through
      its Chief Officer,
      Tq. Mul, Dist. Chandrapur.
                                             .... RESPONDENTS
______________________________________________________________
     Shri Girish K. Mundhada, Advocate for the petitioner.
     Shri S. M. Ukey, Addl.G.P. for respondent Nos.1 & 2.
     Shri M. V. Bute, Advocate for respondent No.3.
______________________________________________________________


                 CORAM : SUNIL B. SHUKRE AND
                         ANIL L. PANSARE, JJ.

DATED : 10.12.2021

ORAL JUDGMENT : (Per Sunil B. Shukre, J.) Judgment 2 W.P.No.4429.2021.odt

1. Heard. Rule. Rule made returnable forthwith. Heard finally

by consent of the learned counsel appearing for the parties.

2. Shri Bute, learned counsel for the respondent No.3

concedes that within the stipulated period of two years from the date

of receipt of notice, Municipal Council, Mul has not forwarded the

proposal for acquisition of the subject land and thus, there is no step

which has been taken in the eye of law for acquisition of the subject

property which has been reserved for the purpose of commercial

complex vide reservation No. 40 and for the purpose of fire brigade

vide reservation No.41, as per the revised Development Plan of Mul

published on 05.12.2001 and which came into force w.e.f. 15.12.2001.

3. The subject land is owned and possessed by the petitioner,

as submitted by the petitioner and which is not disputed by the main

contesting party i.e. respondent No.3. This land bears Survey No.184,

area and is admeasuring 01H 35R. of Mouja Mul, Tq. Mul, District

Chandrapur.

4. The reply filed on behalf of respondent No.3, also supports

these afore-stated contentions of the petitioner.

Judgment 3 W.P.No.4429.2021.odt

5. In view of above, the petition is allowed in terms of prayer

clauses (A) and (B) with further direction to publish in the official

Gazette lapsing of the reservation over the subject land within a period

of three months from the date of the order.

Rule made absolute in the above terms. No costs.

(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.)

Kirtak

Digitally Signed By:KIRTAK BHIMRAO JANARDHAN Signing Date:10.12.2021 15:11