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Judgment
Sunil B.Shukre, J
Heard.
Rule. Rule made returnable forthwith. Heard finally by consent.
The reply filed by respondent no.2-Municipal Council, Katol is categorical. In Paragraph 3, it is stated that the issue in question was taken up in the
General Body meeting of the Municipal Council, Katol as subject No.12 on 19.03.2021 and in this meeting, after discussion, it was unanimously
resolved that the subject land which is currently reserved for the purposes of Primary School and Secondary School should not be acquired and this
fact should be intimated to the land-owner. This reply is well-supported by copy of the Resolution bearing No.12/2021 which is at page 33.
It is, thus, clear that the subject land is not proposed to be acquired by the Municipal Council-respondent no.2, under Section 126 of the Maharashtra
Regional and Town Planning Act. Besides, there is no dispute about receipt of notice by respondent no.2 which is a purchase notice by respondent
no.2, u/s. 127 of the MRTP Act. These facts would entail this Court to allow this petition by issuing necessary directions.
The Writ Petition is allowed in terms of prayer clauses (a) & (b). We direct that lapsing of the land shall be published accordingly by seeking
necessary approvals within three months from the date of this order.
Rule in above terms. No costs.