Bombay High Court
Satyendra Shivram Jindam vs The State Of Maharashtra And ... on 6 September, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 127-wp-7578-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
127 WRIT PETITION NO.7578 OF 2021
Satyendra S/o Shivram Jindam
Age: 65 years, Occu.: Agriculturist & Business
2-9-52 Jindamwadi, Behind Kala Mandir,
Nanded, Taluka & District Nanded. ..PETITIONER
VERSUS
1. The State of Maharashtra,
Through Secretary,
Urban Development Department,
Mantralaya, Mumbai.
2. The District Collector,
Nanded, Taluka & District Nanded.
3. Assistant Director,
Town Planning Department,
Nanded.
4. Nanded Waghala Municipal Corporation,
Through its Commissioner,
Nanded Waghala Municipal Corporation,
Nanded, Taluka & District Nanded...RESPONDENTS
...
Mr. Sushilkumar H. Tripathi, Advocate for the
Petitioner.
Mr. S. G. Karlekar, AGP for Respondent Nos.1 and 2.
Mr. R. K. Ingole Patil, Advocate for Respondent
Nos.3 and 4.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 06th SEPTEMBER, 2021.
ORAL JUDGMENT (Per: S. V. Gangapurwala, J.):-
1. Rule. Rule made returnable forthwith.
With the consent of parties, matter is taken up for
final hearing at the stage of admission.
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(2) 127-wp-7578-2021
2. The revised development plan for Nanded
city was published on 03.08.2006. It came into
effect from 17.09.2006. The land of the petitioner
admeasuring 1788.40 Sq.Mt. from C.T.S. No.3445 at
Nanded is reserved as Site No.G-2 for primary
school.
3. According to the petitioner, the notice
under Section 127 of the Maharashtra Regional Town
Planning Act, 1966 was served upon the Planning
Authority on 21.02.2019. The objection of the
Planning Authority was that, the said notice is not
accompanied with the documents of title. The
petitioner issued another notice and the same is
served upon the Planning Authority on 02.05.2019
alongwith documents that is sale deed and P.R.
card. No steps for acquisition are initiated.
4. Mr. Ingole, learned counsel submits that,
financial condition of the Municipal Corporation,
Nanded is not good. The Planning Authority is
ready to award TDR to the petitioner.
5. The learned counsel for the petitioner on
instructions submits that, TDR is not acceptable to
the petitioner.
6. It is not disputed that, till date the
declaration under Section 126 of the Maharashtra
Regional Town Planning Act, 1966 read with Section
19 of the Right to Fair Compensation and
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(3) 127-wp-7578-2021
Transparency in Land Acquisition, Rehabilitation
and resettlement Act, 2013 is not issued even after
lapse of two years.
7. In light of the above, reservation stands
lapsed.
8. In light of the above, we pass the
following order:
ORDER
a. The reservation on the petitioner's land
admeasuring 1788.40 Sq.Mt. from CTS No.3445 at
Nanded stands released from reservation.
b. The State Government shall issue Notification
under Section 127(2) of the Maharashtra Regional
Town Planning Act, 1966 preferably within a period
of six (06) months.
9. Rule accordingly made absolute in above
terms. No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/September-2021
