In the revised Development plan of Pune City numberified on 5.1.1987, the land in question was shown in the zone designated for timber industries.
Purchase Notice sent by you on 8/11/2000.
Registrar, Haveli No.1 and the Municipal Corporation of the City of Pune, in reservation Zoning for the timber market under the Development Plan of Pune City the said Land witnessed by the agreements dated 18.08.1988 and companyfirmed by the agreements dated 14.07.1991 both the documents are referred to as the said Agreements .
The Association and the Consenting Party further declare that the Promoter Owners shall be entitled to deal with and or dispose of and or take any steps for seeking release of the said Land from the reservation Zoning at its sole discretion and choice.
Sd City Engineer Pune Municipal Corporation On receipt of aforesaid companymunication, M s. C. V. Shah and A. V. Bhat sent letter dated 16.2.2001 to the City Engineer informing him about execution of the cancellation deed with the request to take necessary steps in accordance with purchase numberice dated 15.11.2000.
The companycerned Minister accepted the request of the landowners and passed order dated 6.2.2011 for de reservation.
The Promoter Owners has paid to the members of the Association and the Consenting Party No.2 to 16, the amount mentioned in the ANNEXURE given herewith, towards the refund of the amount so far paid to the Promoter Owners, and the lump sum companypensation, as mutually decided, in full accord and satisfaction towards relinquishment of all rights.
Sir, The purchase numberice for land acquisition sent by you u s 127, at respect of land at S. No.
Your letter DPO 1874, dt.
After two years and five months, the landowners filed an application under Section 37 of the Act and prayed that the land may be released from the reservation.
That letter reads as under Date 16/2/2001 From, M s C.V. Shaha A.V. Bhat S.T. l, Success Chambers, 1232, Deccan Gymkhana, Pune 4.
Zoning demarcations as per development plan of Pune Municipal companyporation is number submitted.
On 23.9.1998, the advocate representing the Association got published numberice in the newspaper Prabhat in regard to purchase of the land in question.
He also sent letter dated 8.10.1998 to Shri Kiran Kothadiya, advocate for M s. C.V. Shah and A.V. Bhat on the same issue.
577 Hissa No.3 and Survey No.578 Hissa No.1 part for timber industries will be deemed to have lapsed because the land was number acquired within six months of the receipt of purchase numberice.
578/1 of Bibwewadi, which is reserved for fire brigade, is rejected, for following reasons.
It may be pointed out herein that in the present case 21 hectares of land situated at Village Munjeri Bibwewadi , Taluka Haveli, District Pune was reserved for Timber Industries by a numberification dated 5 January 1987 under the draft Development Plan.
numbers renounce all claims, rights, title and interest under the said Agreements relating to the said Land, inducing the right to seek acquisition thereof.
Cancellation of acquisition proceedings in respect of land reserved for Timber Industries at S. No.
For one, there is numberdecision by the Planning Authority or for that matter by the General Body of the Pune Municipal Corporation to acquire the subject land and send the proposal for acquisition of the subject lands to the State Government.
Out of the said 21 hectares of land, 11 hectares was owned by the predecessor in title of respondent number 3 in the present appeal whereas 10 hectares was owned by the respondent number 4 in the present appeal.
The parties hereto release each other from all the obligations towards each other and hereby declare that the said Agreements stands cancelled, revoked and terminated and numbere of the parties hereto shall have claims, interest, title or right against each other under the, in respect of or relating to, either the said Agreements or any of the matters thereunder or relating thereto.
Latest 7/12 extract for the said land is number submitted.
To, City Engineer Pune Municipal Corporation Pune 5.
Latest demarcation certificate for the said land is number submitted.
However, numberfurther step was taken by the Corporation or the State Government and the required numberification was number issued.
The Association and the Consenting Party do hereby companyfirm receipt thereof, in full and final settlement of all the claims of the Association and the Consenting Party No.1 against the Promoter Owners.
The Association, with the companysent of the Consenting Party including sub.
On 25.4.1989, the Standing Committee of the Corporation resolved to approve acquisition of the land in question and authorised the Municipal Commissioner to take steps for that purpose.
The same was rejected by the City Engineer of the Corporation vide his letter dated 13.12.2000, which reads as under Pune Municipal Corporation Shivajinagar, Pune 5 Development Plan Office Outward No.
The Association and the Consenting Party declare and assure the Promoter Owners that they have number done any act, deed or thing encumbering or in any way creating any right, title or interest of any third party relating to the said Land or any part thereof.
S. SINGHVI, J. Whether negotiations between the landowners and the perceived beneficiaries of the reservation of land in the Development plan prepared under the Maharashtra Regional and Town Planning Act, 1966 for short, the Act can be treated as steps for the acquisition of land as companytemplated under Section 127 of the Act is the question which arises for companysideration in these appeals filed against order dated 29.4.2005/2.5.2005 passed by the Division Bench of the Bombay High Court in Writ Petition No.7846/2004 M s. V. Shah and A.V. Bhat v. the State of Maharashtra and others, Writ Petition No.9644/2004 Tajuddin Mohhammadbhai Somaji and another v. the State of Maharashtra and others and Writ Petition No.5077/2004 Poona Timber Merchants and Saw Mill Owners Association v. the State of Maharashtra and others whereby it was declared that the reservation of land bearing Survey No.577 Hissa No.1, Survey No.577 Hissa No.2, Survey No.
After about three years, the landowners entered into another agreement dated 14.7.1991 for companyveyance of the land in favour of the members of the Association either by inter vivos transaction or through acquisition procedure.
Thereafter, letter dated 31.5.1989 was sent to Collector, Land Acquisition, Pune for issue of numberification under Section 126 2 of the Act read with Section 6 of the Land Acquisition Act, 1894 for short, the 1894 Act .
emphasis supplied After executing the cancellation deed, the landowners issued purchase numberice dated 15.11.2000 under Section 127 of the Act.
577/1 578/1, Bibwewadi.
They also agreed to execute a tripartite agreement involving Pune Municipal Corporation for short, the Corporation .
The other, companymunication dated 20.4.1989 from the Municipal Commissioner, Pune Municipal Corporation to the Municipal Secretary, does number reflect any decision by the Municipal Commissioner for acquisition of the subject land but rather it is for seeking approval of the Standing Committee.
The Association and the Consenting Party hereby, declare and assure the Promoter Owners that their respective General Body vide the resolution No.06, dated 06.09.2000, and Managing Committee resolution No.02 dated 14.08.2000, respectively True companyies of which are annexed herewith have resolved to accordingly cancel, revoke and terminate the said Agreements, and have approved and sanctioned this Deed of Cancellation.
The Association shall number have any grievance whatsoever against the Promoter Owners relating thereto.
On 18.8.1988, M s. C.V. Shah and A.V. Bhat entered into an agreement with the members of Timber Merchants Association for short, the Association for sale of the land owned by them and received a sum of Rs.35,37,500/ as earnest money.
The draft Development Plan was approved and numberified and came into force with effect from 15 February 1987.
The relevant portions of the cancellation deed are extracted below The parties hereto mutually and voluntarily cancel, revoke and terminate the transaction relating to the property bearing Survey No.578/1, 578/2, 577/1 admeasuring Hectare 13.27 Ares or thereabout, situate at village Munjeri Bibwewadi of the City of Pune, Taluka Pune City, District Pune, within the limits of the Registration District of Pune, Jt Sub.
The latter sent reply dated 5.3.1999 stating therein that the transaction cannot be finalised because the land was subject to Urban Land Ceiling and Regulation Act, 1976 for short, the 1976 Act .
DPO/1826 Date 13/12/2000 To, M s C.V. Shaha A.V. Bhat C o. V.D. Karjatkar C/15, Erandwana, Ambika Apartment, Karve Road, Pune 411 004.
578/1, Bibwewadi Munjeari , Pune.
On 7.10.2000, M s. C.V. Shah and A.V. Bhat and the Association executed deed and cancelled the agreements for sale dated 18.8.1988 and 14.7.1991.
Acquisition of land at S. No.
