WP 2672/16 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2672/2016
Amol S/o Dattatraya Pattiwar,
Aged about : 44 years, Occupation : Business/
Agriculture,
Resident of Civil Lines, Nagpur Road,
Chandrapur, District Chandrapur. PETITIONER
.....VERSUS.....
1. State of Maharashtra,
through it Secretary,
Ministry of Urban Development,
Mantralaya, Mumbai - 400 032.
2. Chandrapur Municipal Corporation,
Chandrapur, through it's
Municipal Commissioner.
3. The Town Planner,
Town Planning, Chandrapur
Municipal Corporation, Chandrapur.
4. The Collector, Chandrapur. RESPONDENTS
Shri M. Anilkumar, counsel for the petitioner.
Shri A.M. Joshi, Assistant Government Pleader for the respondent nos.1, 3 and 4.
Shri M.I. Dhatrak, counsel for the respondent no.2.
CORAM :SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
DATE : 20 TH DECEMBER, 2016.
ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.) RULE. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.
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2. By this writ petition, the petitioner seeks a declaration that the reservation of the land of the petitioner, admeasuring 0.83 Hectares at Mouza Wadgaon, for the primary school stands lapsed under the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
3. The land of the petitioner was reserved for the primary school by the final development plan that was published on 15.08.1997.
Since the respondents did not take any steps in the matter of acquisition of the land within ten years from the publication of the final development plan, the petitioner served a notice on the Municipal Council, Chandrapur, on 16.08.2007. The Municipal Council was then converted into Chandrapur Municipal Corporation, in 2011. Since neither the municipal council nor the Chandrapur Municipal Corporation have taken any steps in the matter of acquisition of the land for the purpose for which it was reserved within the time stipulated under Section 127 of the Act, the petitioner has sought the declaration that the reservation of the land of the petitioner has lapsed in view of the provisions of 127 of the Act.
4. Shri Dhatrak, the learned counsel for the respondent no.2, states that Municipal Council, Chandrapur did not take any steps in the ::: Uploaded on - 22/12/2016 ::: Downloaded on - 23/12/2016 01:38:13 ::: WP 2672/16 3 Judgment matter of acquisition of the land within a period of one year from the date of service of the notice on 16.08.2007. It is stated that due to the inaction on the part of the municipal council, the land of the petitioner could not be acquired and the Section 6 notification for acquisition of the land is not issued till date.
5. Since no effective steps, as required by the provisions of Section 127 of the Act are taken by the respondent no.2 or the Municipal Council, Chandrapur within one year from the date of service of the notice on 16.08.2007, it would be necessary to declare that the mandatory conditions for declaring the lapsing of reservation have been complied with. Since no effective steps are taken by the municipal council for the acquisition of the land within one year from the date of service of the notice, it would be necessary to declare that the reservation of the land of the petitioners for the primary school has lapsed.
6. Hence, for the reasons aforesaid, the writ petition is allowed.
It is hereby declared that the reservation of the land of the petitioner admeasuring 0.83 Hectares, in Mouza Wadgaon for the primary school has lapsed under the provisions of Section 127(1) of the Act of 1966 and the petitioner is free to develop the land as is permissible for the adjoining land, as per the relevant development plan.
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JUDGE JUDGE
APTE
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