Amol S/O Dattatraya Pattiwar vs State Of Maharashtra, Ministry Of ...
2016 Latest Caselaw 7496 Bom

    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.

WP 2672/16 2 Judgment

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

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.

WP 2672/16 4 Judgment

Rule is made absolute in the aforesaid terms with no order as

to costs.

                  JUDGE                                    JUDGE
    APTE