Bombay High Court
Jayprakash Badrinarayan Bihani vs The State Of Maharashtra And ... on 1 March, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.762 OF 2016
Jayprakash s/o Badrinarayan Bihani,
Age-56 years, Occu:Business & Agril.,
Marwadi Galli, R/o-Sailu,
Tq-Sailu, Dist-Parbhani.
...PETITIONER
VERSUS
1) The State of Maharashtra,
Through: The Secretary,
Urban Development Department,
Mantralaya, Mumbai,
2) The Municipal Council, Manwat,
Tq-Manwat, Dist-Parbhani,
Through its Chief Officer.
...RESPONDENTS
...
Mr.Manish P. Tripathi Advocate for Petitioner.
Mr.V.M. Kagne, A.G.P. for Respondent No.1.
Mr.R.R. Chandak Advocate for Respondent No.2.
...
CORAM: R.M. BORDE AND
A.I.S. CHEEMA, JJ.
DATE : 1ST MARCH, 2016
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ORAL JUDGMENT [PER R.M. BORDE, J.] :
1. Heard. Rule. Rule made returnable
forthwith. With the consent of learned counsel for
the parties, the Petition is taken up for final
disposal at admissions stage.
2. The Petitioner is praying for issuance of
declaration that the area covered by Reservation
Site Nos. 56 to 59 incorporated in the final
development plan for Manwat Municipal Council,
published on 30th August 2002, shall be deemed to
have been released from reservation on account of
failure of Municipal Council to take steps for
acquisition of the property within period of one
year from the date of receipt of notice issued by
the Petitioner under Section 127 of the
Maharashtra Regional & Town Planning Act, 1966
(The M.R.T.P. Act).
3. The Petitioner contends that the land
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from Survey Nos. 228/B and 228/C recorded as Site
Nos. 56, 57, 58 and 59 is under the final
development plan prepared for Manwat Municipal
Council ear-marked for public utility like
playground and swimming pool, primary school,
library, health center etc. The development plan
for Manwat Municipal Council was prepared and
finally published on 30th August 2002. During the
period of ten years from the date of publication
of final development plan and even thereafter the
Municipal Council took no steps for acquisition of
area, as such the Petitioner issued notice within
contemplation of Section 127 of the M.R.T.P. Act
to the planning authority, calling upon the
planning authority to take steps for acquisition
of the land. However, the planning authority did
not take steps within period of one year from the
date of issuance of notice.
4. According to the Petitioner, since
Municipal Council has failed to take steps for
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acquisition of the area under reservation within
the time stipulated under Section 127 of the
M.R.T.P. Act, the reservation, allotment or
designation in respect of the property under
reservation recorded under the development plan,
shall be deemed to have been lapsed and the
aforesaid area of the land shall be available to
the owner for use as in the case of adjacent land
holders.
5. In the instant matter, it is an admitted
position that Municipal Council has not taken any
steps for acquisition of the land concerned and as
such by virtue of provisions of Section 127 of
the M.R.T.P. Act, designation, allotment or
and 59 in the final development plan prepared for
Municipal Council, Manwat shall be deemed to have
lapsed and it is accordingly declared.
6. It would be open for the Petitioner to
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develop the said property as in the case of
adjacent land holders, under the relevant
development plan. The Respondent No.1 State shall
publish the factum of lapsing the reservation
within contemplation of Section 127(2) of the
M.R.T.P. Act, as expeditiously as possible,
preferably within ONE YEAR from today.
7.
Rule is accordingly made absolute in above
terms. There shall be no order as to costs.
[A.I.S. CHEEMA, J.] [R.M. BORDE, J.]
asb/MAR16
