- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.5112 OF 2008. PETITION NO.5112 OF 2008. PETITION NO.5112 OF 2008. Vijay Shrirang Shelar & Ors. ..Petitioners. v/s. The State of Maharashtra & Ors. ..Respondents. .... Mr.A.A. Joshi, for the Petitioners. Ms.M.P.Thakur, AGP, for Respondent Nos.1,2, 5 & 6. Mr.Sarang S. Aradhye, for Respondent Nos. 3 & 4. .... CORAM CORAM CORAM : J.N. PATEL & J.N. PATEL & J.N. PATEL & S.J.KATHAWALLA, S.J.KATHAWALLA, S.J.KATHAWALLA, JJ. JJ. JJ. DATE DATE DATE : 2ND DECEMBER, 2008 : 2ND DECEMBER, 2008 : 2ND DECEMBER, 2008. P.C.: P.C.: P.C.: . Heard. Rule. By consent of parties rule made returnable forthwith. 2. The present petition is filed by the petitioners seeking directions against the respondent nos. 3 and 4 to send a request to the State or to respondent no.5, as the case may be, for passing an order in respect of deletion of petitioners’ land, Block No.125/2 from reservation shown in development plan of Pandharpur [Revised] dated 15th February 2000 as per provision of the Maharashtra Regional & Town - 2 - Planning Act, 1966. 3. It is the petitioners’ case that as per the development plan dated 15th February 2000, the said land was reserved for Municipal purpose in the draft development plan. The original owner had in the year 2002 made a representation to the Municipal Council for deletion of the said property from the said plan. The Municipal Council passed a resolution dated 5th December 2002 and decided to take steps towards the deletion of the said property. On 22nd August 2003, the Municipal Council passed a resolution for deletion of the said land from the reservation and included it in residential zone. In the year 2004, the petitioners purchased the said land from the original owner one Mr. R.J. Salunke. The petitioners requested the Municipal Council to forward a request to the State Government for appropriate steps, but the Municipal Council failed to comply with the said request. 4. A detailed reply has been filed on behalf of the respondent nos.3 and 4, i.e. Pandharpur Municipal Council. In the said reply, the Municipal Council has admitted that earlier they had passed a resolution deleting the said reservation. However, it is their case that they have withdrawn the earlier proposal regarding the said deletion as per the letter dated 20th August 2008 (Exhibit ‘E’ to their - 3 - reply) addressed to the Director, Town Planning, Maharashtra State and have submitted a proposal for acquisition of land, which includes the petitioners land. They have also requested the Collector, Solapur to take necessary steps for the aforesaid acquisition. Respondent Nos. 3 and 4 have further submitted that the petitioners purchased the said land from the said owner when the reservation on the said land was very much in existence. They have submitted that mere resolution passed by the Municipal Council which is not approved/ sanctioned by the Government, does not mean that the reservation is deleted by the said Municipal Council. They have also submitted that the funds are raised by the State Government to the Municipal Council for developing and carrying out the activities in Pandharpur City and since the funds are made available by the State Government, they have resolved to amend the earlier resolution of deletion and unanimously decided to acquire lands including the petitioners land. 5. In view of the above, we are of the view that the above petition is premature. The petitioners can approach the State Government and file their objections as and when the relevant notifications are issued for acquisition of the said land by the Authorities. - 4 - 6. In view thereof, we dismiss the writ petition, with no order as to costs. Rule stands discharged. [S.J.KATHAWALLA,J.] [S.J.KATHAWALLA,J.] [S.J.KATHAWALLA,J.] [J.N.PATEL,J.] [J.N.PATEL,J.] [J.N.PATEL,J.]