Bombay High Court
Late Vikramsinh Jaysingrao ... vs The State Of Maharashtra Through ... on 13 April, 2016
Bench: Ranjit More
WP 6887 OF 2015.doc
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6887 OF 2015
Late Vikramsinh Jaysingrao Ghatage,
Since deceased through his legal heirs
1. Shri Samarjitsinh Vikramsinh Ghatage
age: 32 years, Occn.Agriculture,
r/o Kagal House Nagala Park, Kolhapur
2. Smt. Suhasinidevi Vikramsinh Ghatage
age: 58 years, occupation: household,
r/o Kagal House Nagala Park, Kolhapur .. Petitioners.
V/s.
1. The State of Maharashtra
Through the Secretary
Urban Development Department,
Mantralaya, Mumbai 400 032.
2. The Director of Town Planning,
Maharashtra State,
Pune 400 001.
3. Kagal Municipal Council,
Kagal, Tal. Kagal,
District: Kolhapur
Through its Chief Officer.
4. The Assistant Director of Town
Planning & Town Planning Officer,
Kolhapur .... Respondents
1
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WP 6887 OF 2015.doc
Mr. Prashant Bhavake, for the petitioner.
Mrs. M. P. Thakur, AGP, for the Respondent-State.
Mr. Tanaji Mhatugade, for respondent No.3.
CORAM : RANJIT MORE &
DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : 13th APRIL, 2016.
JUDGMENT. : [PER : DR. SHALINI PHANSALKAR-JOSHI, J.]
1. Rule.
2. Rule made returnable forthwith.
3. With the consent of the parties, heard finally at the stage of
admission.
4. This petition is preferred under Article 226 of the Constitution
of India, for declaration that the reservation in respect of petitioners' land
bearing Gat No.247/2/5 with C.T.S. No.2180(part), situate at Kagal,
District: Kolhapur, being Reservation No.10 in Development Plan of Kagal
City, has been lapsed in view of the provisions of Section 127(2) of the
Maharashtra Regional & Town Planning and 1966 (for short called as,
"MRTP Act") and to direct the respondents to release the said land to the
petitioners, for their own use.
5. Undisputedly, the petitioners are the owners of above said
WP 6887 OF 2015.doc
land which was their ancestral property. Final Development plan of the
Kagal Municipal Council came into force on 25 th October, 1986. In the
said development plan, petitioners' land admeasuring about 90 R was
shown as reserved for Municipal Housing being Reservation No.10. As
even after lapse of 10 years from the final development plan coming into
force, no proceedings for acquisition were taken up, the petitioners issued
purchase notice to respondent No.3 Municipal Council on 25.10.2013,
under the provisions of Section 127(2) of the MRTP Act.
6. In pursuance thereto, respondent No.3 Municipal Council
submitted their proposal to the District Collector, Kolhapur on 26.4.2013,
requesting to start acquisition proceedings immediately. However, said
proposal was returned with direction to remove deficiencies including the
availability of funds and resolution of the General Body of the Municipal
Council.
7. The Managing Committee of the Municipal Council, thereafter
discussing the subject and taking into consideration the financial crisis of
the Municipal Council, vide resolution No.98 dated 8.8.2014, resolved not
to take steps to acquire the property of the petitioners and the said fact
was communicated to the State of Maharashtra requesting to issue
notification for deletion of the present reservation. The proposal to that
effect was also submitted by Kagal Municipal Council to the Secretary,
WP 6887 OF 2015.doc
Urban Development Department on 26.11.2014.
8. A detail affidavit to this effect bringing all these facts on
record is filed on behalf of respondent No.3 Municipal Council by one
Shri. Prabhakar Ramchandra Patki, Chief Officer of Municipal Council.
9. In the light of this factual position and in the light of legal
position as laid down by the Apex Court in its landmark decision in
Bhavnagar University -vs. Palitana Sugar Mills Pvt. Ltd., 2003 (2)
S.C.C. 111 and the said legal position further reaffirmed by our own High
Court in Baburao Dhondiba Salokhe -vs- Kolhapur Municipal
Corporation and anr, 2003 (5) Bom C.R.232, it has to be held that as
even after lapse of 10 years from the date of coming into force the final
development plan for Kagal Municipal Council and even after expiry of
one year from the receipt of purchase notice issued by the petitioners, no
steps are taken by the Municipal Council, for acquisition of petitioners'
land, conversely has pleaded, it's inability to acquire the said land in view
of financial crisis, it has to be held that the petitioners' land has been
released from the acquisition. The reservation on the said land has
already been lapsed in view of provisions of section 127(2) of the MRTP
Act.
10. This petition, therefore, stands allowed.
11. It is declared that the entire Reservation for Municipal
WP 6887 OF 2015.doc
Housing being Reservation No.10 kept on petitioners' land bearing Gat
No.247/2/5, having C.T.S. 2180(part), situate at Kagal, admeasuring 90 R,
in the development plan for Kagal City, has been lapsed in view of Section
127(2) of the MRTP Act and the said land has been released to the
petitioners for their own use.
12. Rule made absolute in above terms.
[DR. SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.]
