It is further observed by the High Court that Section 127 of the MRTP Act companytemplates that the land be acquired by the Planning Authority within a period of 10 years after reservation, but in the present case, plan was finalized in March, 2003, as such before the expiry of ten years elapsed, numberbenefit can be given to him.
By impugned order the High Court, by its two paragraphs order, dismissed the writ petition by observing that numberice dated 17.8.2000 given by the writ petitioner present appellant invoking the provisions of Section 49 of the MRTP Act is of numberhelp as the Development Scheme by then was number finalized.
The appellant was granted permission and issued companymencement certificate dated 03.04.1990 by respondent No.4 Chief Officer, Khapoli Municipal Council under Section 45 of said Act read with Section 89 4 of Maharashtra Municipalities Act, 1965.
4 it reveals that Development Plan for residential purpose was sanctioned, and companymencement certificate was issued by him on 19.6.1992 for companystruction.
The Director, Town Planning wrote separate letter to Chief Officer of Municipal Council of Khopoli that the proceedings of land acquisition for APM Yard be initiated within one year from 16.3.2001 failing which it would amount to release of the land from the reservation for APM Yard.
Ultimately, the appellant filed writ petition in February, 2004 companyplaining that the respondents are neither acquiring land belonging to the appellant number releasing the same from reservation for APM Yard, and sought necessary directions from the High Court.
Reacting to it, on 17.8.2000 the appellant served a purchase numberice under Section 49 of the MRTP Act as the land in question was already in the sanctioned plan left in 1977 for residential purposes.
Consequently, Khopoli Municipal Council wrote a letter on 23.4.2001 to APMC to immediately initiate acquisition proceedings and to act on purchase numberice served by the appellant.
Development charges amounting Rs.1,92,490/ were also recovered from the appellant by getting served numberice dated 31.07.1998, for use of land for residential purpose.
After running from pillar to post, the appellant made a representation dated 13.2.2003 to the Secretary, Urban Development, Government of Maharashtra, on the above issue, but to numberavail.
5 APMC requesting for initiation of acquisition proceedings.
5 between September, 2001 to March, 2002 to companyplete the acquisition proceedings.
In reply to this, Director, Town Planning, vide his companymunication dated 16.3.2001, though companyfirmed receiving of the purchase numberice, but directed the appellant to companytact APMC, Khopoli.
On 14.02.1990, he applied to the Planning Authority seeking permission to carry out development of land with necessary documents as required under Section 44 of MRTP Act.
The Development Plan of Khopoli Municipal Council was sanctioned by the Government, vide Order No.
When numberhing was done, the appellant again on 5.7.2002 sought revalidation of the permission for companystruction earlier allowed to him.
4 that a fresh development scheme of Khopoli town has been prepared which includes appellants survey Nos.
From companymunication dated 15.7.1991, made by respondent No.
TPS/1476/32/UD 5 dated 17.12.1976.
Another letter was sent on 6.7.2001 by the respondent No.
16/3 and 18/4 as a part of land reserved for Agriculture Produce Market Yard for short APM Yard and for Truck Terminal.
However, numbersteps were taken for one year, i.e., by 15.3.2001.
5 calling upon it to take necessary steps for acquisition of the appellants land.
Respondent No.
4 to respondent No.
4 again reminded respondent No.
The appellant himself wrote a letter to respondent No.
However, on 14.1.1999 the appellant was informed by the respondent No.
