Morshi, District Amravati reserved for Reservation number 22 Shopping Centre and 23 Garden as per development Plan Excluded Plan of Morshi City a discussion on the received numberice is done in the standing companymittee meeting of Nagar Parishad Morshi.
The brief facts which are necessary for the disposal of this case are that the appellant is a partnership firm and its partners are the joint owners of the land in the Survey No.7 Subdivision No.2, for a land admeasuring 3H 90R of Mouja Durgavada, Tq.
Under Section 127 of Maharashtra Regional and Town Planning Act, 1966 hereinafter referred to as the Act, the owners companyld dereserve a plot of land by serving a numberice, after the lapse of 10 years from the date of such reservation i.e., 10 years from 01.09.2005 herein.
A fresh proposal was submitted by respondent number 3, by letter dated 16.12.2016.
14/07/2015 and Inward number 57 on Dt.
Hence proposal for land acquisition is to be presented in front of Collector Amravati.
Having observed the facts, we need to briefly numberice the appellants companytention herein.
The aforesaid first numberice was replied as being pre mature.
In this case, since the Final Developmental Plan had companye into force on 01.09.2005, the numberice dt.
Appellant companytends that the second numberice dated 31.08.2015 was received by the respondent authorities only on 02.09.2015 and number on 01.09.2015.
In this matter, Adv.
31.08.2015 is served on the respondent number 3 before the companypletion of the stipulated period of 10 years from the date of companying into force of the Final Developmental Plan.
Accordingly, the appellant served the first numberice, under Section 127 of the Act, on 13.07.2015 asking the municipality to either acquire the disputed land or permit them to develop the same in accordance with law.
Hence the standing companymittee is giving approval in majority for all the expenses to be incurred in future for acquisition of the said land.
G.K. Mundhada, Khaparde Garden issued a numberice under Section 127 of MRTP Act, 1966 which has inward number 5081 on Dt.
Further, the appellant companytends that the companycerned authorities have number taken adequate steps to acquire the aforesaid land in accordance with the mandate provided under Section 127 of the Act which companysequentially entails dereserving the aforesaid land.
Aggrieved by the fact that appellant was number allowed to enjoy the benefit of its ownership in the aforesaid disputed land, appellant through its partners filed a Writ Petition praying therein for a declaration that the reservation of their land has lapsed under Section 127 of the Act and other companysequential relief.
In the aforesaid plan the appellants land was reserved for shopping centre and garden, by reservation number 22 and 23 respectively.
The final development plan for the city of Morshi was published on 11.07.2005 which came into force from 01.09.2005.
Also, the expenditure for said land should be done as per the Government defined guidelines of 13 th Finance Commission and 14th Finance companymission.
It is brought to our attention that numberhing has proceeded further and accordingly, acquisition has number taken place till this point of time.
On the other hand, the learned companynsel for the respondents companytend that on reading of the provisions of Section 127 1 of the Act it is clear that, an owner or a person interested in the land would be entitled to serve a numberice only after companypletion of the period of 10 years from the date on which the Final Developmental Plan companyes into force.
Emphasis supplied Further on 14.01.2016, respondent number 3 submitted a proposal for acquisition of the disputed land before the respondent number 4 Collector , on the basis of the resolution passed on 30.11.2015.
2/9/2015 in Nagar Parishad Office inward record register.
Resolution approved by Majority.
Appellant rely extensively on the minutes of the meeting which records the aforesaid fact and claims that their numberice was number premature.
V. RAMANA, J. Leave granted.
This appeal, by way of special leave, was filed against the impugned final judgment and order dated 05.02.2018 in P. No.
5969 of 2017, passed by the High Court of Judicature at Bombay Nagpur Bench .
Morshi, District Amravati, Signature Not Verified situated in the municipal limits of Nagar Parishad of the Digitally signed by SATISH KUMAR YADAV Date 2019.08.27 173430 IST Reason city of Morshi hereinafter referred to as the disputed land.
Finally, in this meeting after discussion it is decided that the said land is required by the Nagar Parishad.
