SHAMRAO NANASO SHINGAN vs STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS

Judgment text excerpt

sns 47-aswp-12510-2023-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12510 OF 2023 Shri Shamrao Nanaso Shingan, ] Age: 82 years, Occupation: Agriculturist, ] R/o. 101, Shukrawar Peth, Sath Shahid ] Chowk, Karad, Taluka: Karad, ] Dist: Satara ] ...Petitioner. V/s 1. State of Maharashtra, ] Through its Principal Secretary, ] Mantralaya, Mumbai 4000032. ] 2. The Chief Officer, ] Malkapur Municipal Council, ] Malkapur, District: Satara, ] 3. Assistant Director of Town Planning, ] Satara Division ] having office at Zilla Parishad ] Extension Building, ] 1st floor, Satara 414001. ] 4. Directorate of Town Planning, ] Pune ] ...Respondents. Mr. A. S. Rao for Petitioner. Ms. Dhruti Kapadia, A.G.P. for Respondent Nos.1, 3 & 4-State. Mr. Umesh Mankapure for Respondent No.2. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 1st April, 2025. PRONOUNCED ON : 8th April, 2025. Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 1/6 2025.04.08 14:39:33 +0530 sns 47-aswp-12510-2023-J.doc JUDGMENT (Per Kamal Khata, J.):- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner who is the owner of land bearing Survey No.261/5B admeasuring 3300 sq. mtrs. situated at Malkaur Nagar Parishad, Taluka Karad, Dist. Satara (‘writ land’) is challenging the rejection of the Petitioner's plan for development, although the reservation on the writ property has lapsed, on account of failure to acquire the writ property. 2) We have heard both counsel and have perused the papers and proceedings. 3) Mr. A.S. Rao, learned Advocate for the Petitioner draws our attention to the Purchase Notice dated 26th April, 2019 issued by the Petitioner under Section 49(1) of the Maharashtra Regional and Town Planning Act,