Anglo Vernacular Education ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 13369 Bom

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                                                                            wp814.2020.odt

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


                               WRIT PETITION NO.814/2020


 Anglo Vernacular Education Society,
 Darwha, bearing Registration No.F-88,
 having its office at Darwha District
 Yavatmal, through its President Dr.
 Sandeep Ramraoji Dudhe.                                                        ..Petitioner.

          ..Vs..

 1.       The State of Maharashtra,
          through its Secretary, Department of
          Urban-Development, Mantralaya,
          Mumbai.

 2.       Assistant Director of Town Planning
          Department, Prashaskiya Building,
          Yavatmal.

 3.       The Municipal Council,
          Darwha, through its Chief Officer,
          Dist. Yavatmal.                                                     ..Respondent.
 ------------------------------------------------------------------------------------------------
          Mr. Rugved Dhore, Advocate for the petitioner.
          Mr. A.S. Fulzele, Additional Government Pleader for respondent Nos.1 and 2.
          Mr. Rahul Tajne, Advocate for respondent No.3.
 ------------------------------------------------------------------------------------------------
                           CORAM :- SUNIL B. SHUKRE AND
                                            ANIL S. KILOR, JJ.

DATED :- 17.9.2021.

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard finally by

consent.

wp814.2020.odt

2. Receipt of notice dated 6.9.2017 issued under Section 127 of

the Maharashtra Regional Town Planning Act, 1966 by the

respondents is not denied. It is also not in dispute that except for

moving a proposal by general body of respondent No.3 - Municipal

Council for taking steps for acquisition of the land, no active step for

acquisition of the land has been taken and even the proposal so moved

before the general body of Municipal Council, Darwha has not been

considered in any manner by the general body. It is, thus, clear that

inspite of receipt of the notice under Section 127 of the M.R.T.P. Act no

steps whatsoever in regard to the acquisition of subject land have been

taken by the respondents. Therefore, we are of the view that the

petitioner has made himself entitled for declaration regarding lapsing

of reservation of land in terms of Section 127 of the M.R.T.P. Act. The

petition is, therefore, allowed in terms of prayer clause (a). Rule

accordingly. No costs.

                               JUDGE                              JUDGE




 Tambaskar.