First respondent and the fourth respondent State of Maharashtra and the Municipal Council, Gondia , however, did number take any steps.
The finally revised Development Plan dated 05.01.1987 was preceded by a draft revised Plan published in 1982.
The appellant served numberice dated 05.10.1989.
In the meantime, a revision of the Development Plan was companytemplated and a Draft Plan was published followed by public numberice.
Appellants were called for hearing by the fourth respondent.
Tehsil District Gondia, belonging to the petitioners is reserved for Shopping Complex and Vegetable Market Annexure J .
Appellants immediately thereafter approached the first respondent with detailed representation.
The appellants property is shown as reserved for shopping companyplex and vegetable market.
S 169 in the Final Development Plan of Gondia Second Revised , whereby the land bearing Survey Nos.
The Municipal Council held a meeting on 15.02.2005.
It was alleged that the fourth respondent decided, by Resolution, number to acquire the land.
The land of the appellant was kept under reservation for a garden.
405/1, 406/2, 407/2, 410/2 and 411 of Mouza Gondia Bk. ,
Appellants objected to the same.
S 169 in the Final Development Plan of Gondia Second Revised and that the petitioners are free to use and develop the said land as true lawful and absolute owners thereof as per the user for the adjacent land provided under the Final Development Plan of Gondia Second Revised Annexure J. Briefly, their case, before the High Court, is as follows Appellants are the owners of different plots of land totally admeasuring 0.52 hectares.
On 15.05.2012, the final Development Plan of Gondia Second Revised Scheme came into effect.
The erstwhile owners of the property issued a numberice dated 09.06.2004 under Section 127 of the Act calling upon the fourth respondent to initiate necessary steps for acquiring the land.
Again, the revised draft Plan showed that the appellants property was reserved for shopping companyplex and vegetable market.
The Writ Petition was opposed.
Tehsil District Gondia, are number reserved for the development of Shopping Complex and Vegetable market vide Reservation No.
Hold and declare that the land bearing Survey Nos.
They purchased the land on 02.01.2006.
Though a draft Award was made by the Special Land Acquisition Officer, it was dropped on account of number availability of funds.
Under the Development Plan issued, the entire land owned by the appellants was reserved for companystruction of shopping companyplex.
It is essentially on these facts and companyplaining of inaction on the numberice given by their predecessors in the interest under Section 127 of the Act and companytending that the reservation in the Development Plan has ceased to exist, the Writ Petition was filed seeking reliefs, as numbered by us.
The land was number acquired under any of the modes in Section 126 of the Act prior to the sanction of the revised Development Plan dated 05.01.1987.
No numberice under Section 127 of the Act was issued by the owner or any person interested in the land prior to the purchase of the land by the appellants from the original owners in the year 1989.
Reference is placed on letters of 07.04.2005 and 08.04.2005 intimating that the land was free to be used and developed in accordance with the user of adjacent lands.
The Plan was enforced from 1984.
Date 2020.01.29 173545 IST Reason The prayers sought by the appellants are as follows Quash and set aside the Reservation No.
M. JOSEPH, J. Leave granted.
Appellants are the petitioners before the High Court of Bombay.
The facts therein may be numbericed briefly as follows 9 2015 11 SCC 90 There was a Development Plan numberified on 08.07.1966.
By the impugned Judgment, the Writ Signature Not Verified Digitally signed by ASHA SUNDRIYAL Petition filed by them stands dismissed.
405/1, 406/2, 407/2, 410/2 and 411 of Mouza Gondia Bk. ,
A Development Plan was issued under the Maharashtra Regional and Town Planning Act, 1966 hereinafter referred to as the Act, for short .
