14.wp-3089-10.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3089 OF 2010 Ashok Pandurang Pawar ..Petitioner Vs. State of Maharashtra and Ors. ..Respondents Mr. S.S.Patwardhan for Petitioner Mr. V.S.Gokhale AGP for Respondent Nos. 1,3, 4 and 5 Mr. Rajdeep Khadapkar for Respondent No.2 CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. DATE : NOVEMBER 25, 2011. P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The petitioner seeks release of his land from the reservation for cottage hospital to be constructed by the District Health Officer as provided in the Development Plan of 1987. Since the land was not acquired for the purpose of aforesaid reservation, the petitioner addressed the Purchase Notice dated 4.8.2006 to the Respondent Nos. 2, 3 and 4 i.e. Rahimatpur Municipal Council, District Health Officer and Collector of Satara respectively. The respondents have taken no action for not only for the 1 14.wp-3089-10.doc period prescribed by Section 127 but also for a period of four years as of now. Hence, the petitioner has approached this Court. 3. Mr. V.S. Gokhale, the learned AGP admits on the basis of the affidavit of one Shivraj Gurupadappa Patil, Assistant Director of Town Planning, Satara that though the Assistant Director of Town Planning Satara informed the appropriate authority i.e. Respondent Nos. 3 and 4 the Municipal Council and District Health Officer respectively to take steps for acquisition. After the notice was received from the petitioner, the said authorities have not taken any action. Even the Assistant Director of Town Planning Satara informed the appropriate authority i.e. Respondent nos. 3 and 4 to submit acquisition proposal within the prescribed stipulated time. Even The Assistant Director of Town Planning vide his letter dated 22.8.2008 has also asked Collector and District Health Officer Satara to submit the status of acquisition proposal. The Collector Satara informed the Assistant Director of Town Planning by letter dated 22.2.2010 that no proposal had been received by them. In the circumstances, the case is squarely covered by Section 127 of the M.R.T.P. Act and the judgment of the Supreme Court in Girnar Traders Vs. State of 2 14.wp-3089-10.doc Maharashtra and others, reported in 2007(7) SCC 555. 4. Accordingly, Rule is made absolute in terms of prayer clauses (a) and (b) which read as under: (A) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus thereby directing the respondents to forthwith release the petitioner's land bearing Gat No. 299/5 and 299/3 situated at Rahimatpur, Taluka Koregaon, District Satara from Reservation No. 26 (Cottage Hospital) placed on the said land in the Development Plan of the Year 1987 for respondent No.2 Municipal Council;” (B) That this Hon'ble Court be pleased to declare that the petitioner's land bearing Gat No. 299/5 and 299/3 are free from reservation no. 26 (cottage hospital) levied on the said lands by respondent no.2 Municipal Council in its Development Plan of 1987”. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 3