Bombay High Court
Hitesh Raghunath Gade vs The State Of Maharashtra And ... on 15 June, 2016
Bench: S.V. Gangapurwala
1 WP-10940.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10940 OF 2015
Hitesh Raghunath Gade,
Age: 33 years, Occu. Business,
R/o: Gade Building Adjacent
to Leva Bording, Jalgaon,
Dist. Jalgaon ...PETITIONER
versus
1.
The State of Maharashtra
Through its Secretary,
Urban Development Department,
Mantralaya, Mumbai-32.
2. The Director
Town Planning Department,
Pune at Pune.
3. The Deputy Director,
Town Planning Nashik
Division Nashik.
4. The Joint Director,
Town Planning, Jalgaon,
At Jalgaon.
5. The Commissioner,
Jalgaon Municipal Corporation,
Jalgaon at Jalgaon. ...RESPONDENTS
.....
Mr. A.G. Talhar, Advocate for petitioner
Mr. B.V. Virdhe, AGP for respondents No. 1 to 4
Mr. Shrikant Patil, Advocate for respondent No. 5
.....
CORAM : S. V. GANGAPURWALA AND
K.K. SONAWANE, JJ.
DATED : 15 th JUNE, 2016.
2 WP-10940.15
ORAL JUDGMENT :- ( Per : S.V. Gangapurwala, J.)
1. Rule. Rule made returnable forthwith. Heard the learned counsel
for appearing parties finally, with consent.
2. Mr. Talhar, learned counsel for petitioner submits that petitioner
is owner of property bearing land survey No. 486/2A, admeasuring
00.34 H situated at Mauje Meharun, Jalgaon. On or about 6 th January,
1993 revised development plan was sanctioned for Meharun and
petitioner's land bearing survey No. 486/2A, admeasuring 00.34
situated at Mauje Meharun, Jalgaon was reserved for garden as site No.
167. Learned counsel for petitioner submits that no steps were taken
by the respondent - Jalgaon Municipal Corporation, Jalgaon (for short
"Corporation") for acquisition, as such, petitioner has issued notice
under section 127 of the Maharashtra Regional Town Planning Act,
1966 ( for short "MRTP Act") on 10-03-2014 and the same has been
served upon respondent - Corporation on 29-03-2014. According to
learned counsel, till date no declaration under section 126 of the MRTP
Act read with section 6 of the Land Acquisition Act, 1894 ( for short "LA
Act") is issued, as such, reservation stands lapsed. To buttress his
submission, learned counsel for petitioner relies on the judgment of the
Apex Court in the case of Girnar Traders Vs. State of Maharashtra and others
reported in 2011(3) SCC 1.
3. Mr. Patil learned counsel for respondent No. 5 - Corporation
submits that, in fact, measurement on the part of petitioner is
erroneous and his predecessor had agreed to give 469 sq. meter land
3 WP-10940.15
to the Corporation free of costs vide letter dated 07-10-1979.
However, said area is not handed over to the Corporation. According
to learned counsel, the site is reserved for garden and the respondent
-Corporation is ready to give TDR to the petitioner. According to
learned counsel, General Body of the Corporation has allowed the
proposal for acquisition of the land and sanctioned the funds for
acquisition of the land and proposal is also submitted on 23-09-2014
for acquisition of area of 2495 sq. meter. Learned counsel relies on the
notification issued ig by Urban Development Department dated
02-05-2016 and contends that if 70% of the land is handed over to the
Corporation free of costs, remaining 30% of the land shall be allowed
for development subject to the conditions enumerated therein.
4. We have heard learned Assistant Government Pleader.
5. Factual matrix as narrated above is not disputed. Revised
development plan was sanctioned on 06-01-1993 and land of the
petitioner bearing survey No. 486/2A, admeasuring 00.34 H situated at
Mauje Meharun, Jalgaon was reserved for garden as site No. 167. The
petitioner had issued notice on 10-03-2014 under section 127 of the
MRTP Act. Said notice is received by respondent No. 5-Corporation is
not disputed. It is also not disputed that till date no declaration under
section 126 of the MRTP Act read with section 6 of the LA Act has been
issued. One of the objections raised by the Corporation is that
predecessor of the petitioner had agreed to hand over possession of
469 sq. meter of the land to the Corporation and the same has not
been handed over.
4 WP-10940.15
6. Mr. Talhar, learned counsel for the petitioner, on instructions'
states that petitioner shall hand over area admeasuring 469 sq. meter
out of land survey No. 486/2A to respondent No. 5. Said statement is
accepted.
7. In light of above, as no declaration under section 126 of the
MRTP Act read with section 6 of the LA Act has been issued till date,
lapsing of reservation would be axiomatic on the expiry of stipulated
period as contemplated in section 127 of the MRTP Act. As such, the
reservation would lapse. Useful reference in this respect can be had to
the case of Girnar Traders (supra).
8. In light of above, reservation in respect of land bearing survey
No. 486/2A (City Survey No. 6944), admeasuring 00.34 H situated at
Mauje Meharun, Jalgaon reserved for garden as site No. 167 belonging
to the petitioner stands lapsed.
9. As the petitioner has agreed to hand over the possession of the
area admeasuring 469 sq. meter to the Corporation, petitioner shall
hand over possession of the same immediately. The parties shall take
further consequential steps pursuant to dereservation of the writ land.
10. Writ petition is allowed. Rule is made absolute in above terms.
No costs.
Sd/- Sd/-
[ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.]
MTK
