Bombay High Court
Ahetesham Ibrahim Nabeel And ... vs State Of Maharashtra, Thr. Its ... on 22 November, 2016
Bench: V.A. Naik
WP 4160/16 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4160/2016
1. Ahetesham Ibrahim Nabeel,
Aged-39, Occu: Business.
2. Arshad Ibrahim Nabeel,
Aged-36, Occu: Business.
3. Sharique Nabeel Abdul Raheman,
Aged-30, Occu: Business.
4. Danish Nabeel Abdul Rahim,
Aged-28, Occu: Business.
5. Mohd. Sajjad Shaikh Ismaeel,
Aged-36, Occu: Business.
6. Mohd. Sajjad Mohd. Yusuf,
Aged-55, Occu: Business.
All above petitioners are residents
Bilan Pura, Achalpur city, Dist. Amravati.
7. Abdul Raheman Abdul Rafique,
Aged-53, Occu: Business.
8. Musaddique Sadique Ahmad,
Aged-35, Occu: Business.
Both the petitioners are residents of Kasab Pura,
Baitul Road Paratwada, Tq.Achalpur, Dist.Amravati.
9. Mohd. Salim Shaikh Habib,
Aged-44, Occu: Business.
10. Shaikh Matin Shaikh Habib,
Aged-33, Occu: Business.
Both the petitioners are residents of Talegaon,
Mohna, Tq. Chandur Bazar, Dist. Amravati.
11. Badrunnisa Mohd. Zakir,
Aged-40, Occu: Business.
12. Shaikh Safdar Shaikh Maheboob,
Aged-71, Occu: Business.
13. Mohd. Nasir Shaikh Safdar,
Aged-39, Occu: Business.
All above petitioners are residents of Dulha
Gate, Achalpur City, Dist. Amravati.
14. Mohd. Fahim Abdul Rashid,
Aged-32, Occu: Business,
::: Uploaded on - 24/11/2016 ::: Downloaded on - 25/11/2016 00:41:07 :::
WP 4160/16 2 Judgment
R/o Bilan Pura, Achalpur City,
Dist. Amravati.
15. Abdul Rashid Abdul Raheman,
Aged-65, Occu: Business.
16. Mohd. Saleem Abdul Rashid,
Aged-39, Occu: Business.
17. Abdul Javed Abdul Rashid,
Aged-43, Occu: Business.
All above petitioners are residents of Dharoli Base,
Anjangaon Road, Akot, Dist. Akola.
18. Zahir Ahmad Bashir Ahemad,
Aged-53, Occu: Business,
R/o Ashraf Pura, Achalpur City,
Dist. Amravati.
19.
Mohd. Matin Shaikh Mahetab,
Aged-42, Occu: Business,
R/o Begam Pura, Achalpur City, Dist.Amravati.
R/o Ashraf Pura, Achalpur City, Dist.Amravati.
20. Mohd. Arif Shaikh Ahemad,
Aged-54, Occu: Business,
R/o Budhwara, Anjangaon, Dist.Amravati. PETITIONERS
.....VERSUS.....
1. State of Maharashtra,
through it's Secretary,
Department or Uban Welfare,
Mantralaya, Mumbai-32.
2. Municipal Council Achalpur Dist.
Amravati Through it's Chief Officer.
3. The Regional Director of Municipal
Administration and the Divisional
Commissioner, Amravati. RESPONDENTS
Shri A.J. Mirza, counsel for the petitioners.
Shri S.J. Kadu, Assistant Government Pleader for the respondent nos.1 and 3.
Shri M.D. Lakhe, counsel for the respondent no.2.
CORAM :SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
ND NOVEMBER, 2016.
DATE : 22
WP 4160/16 3 Judgment
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.
2. By this writ petition, the petitioners seek a declaration that
the reservation of their land bearing Survey No.18/2 admeasuring 0.25
HR for Vegetable Market and Maternity Home as per the final
development plan, dated 08.09.1976 has lapsed in view of the provisions
of Section 127 of the Maharashtra Regional and Town Planning Act, 1966
and the petitioners are free to use the land for the purpose for which the
adjoining land could be used as per the final development plan.
3. The petitioners are the owners of the land admeasuring 0.25
HR in Survey No.18/2 in Taluka Achalpur, District Amravati. The land of
the petitioners was reserved for Vegetable Market and Maternity Home as
per the final development plan, dated 05.08.1976 which came into effect
from 08.09.1976. The erstwhile owners of the land, viz. Sharifabai, from
whom the petitioners had purchased the land vide registered sale-deed,
dated 18.09.2013, had served a purchase notice on the respondent no.2-
Municipal Council under Section 127(1) of the Act on 30.07.2007. It is
the case of the petitioners that the Municipal Council did not take any
WP 4160/16 4 Judgment
effective steps in the matter of acquisition of land for long and the
petitioners again served a purchase notice on the respondent no.2 under
Section 127(1) of the Act on 06.06.2014. According to the petitioners,
since no effective steps are taken by the respondent no.2 for the
acquisition of land within one year from the date of service of the notice,
the reservation of the land of the petitioners has lapsed in view of the
provisions of Section 127 of the Act of 1966.
4.
Shri Mirza, the learned counsel for the petitioners, states that
though the purchase notice was served by the erstwhile owner in the year
2007 and by the petitioners on 06.06.2014 on the respondent no.2, the
respondent no.2 has not taken any effective steps for the acquisition of
the land. It is stated that Section 6 notification or a notification under the
Act of 2013 is not issued by the respondent till date.
5. Shri Lakhe, the learned counsel for the respondent no.2, fairly
states that the Section 6 notification or a notification under the provisions
of the Right To Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 has not been issued by the
State Government expressing its intention to acquire the land, till date. It
is stated that due to the poor financial condition of the respondent no.2,
no effective steps could be taken for the acquisition of the land within one
WP 4160/16 5 Judgment
year from the date of service of the notice as required by the provisions of
Section 127 of the Act.
6. It is apparent from the statements recorded hereinabove that
the reservation of the land of the petitioners would be deemed to have
been lapsed as the respondent no.2 had not taken any effective steps for
the acquisition of the land within ten years from the date of publication of
the final development plan and no steps are taken by the respondent no.2
for the acquisition of the land within one year from the date of service of
the notice under Section 127 of the Maharashtra Regional and Town
Planning Act, 1966, on 06.06.2014. Since the conditions that are required
to be satisfied for holding that the reservation of the land of the
petitioners is deemed to have been lapsed under Section 127 of the Act of
1966 are satisfied in the case of the petitioners, the declaration as sought
by the petitioners, needs to be granted.
7. Hence, for the reasons aforesaid, the writ petition is allowed.
It is hereby declared that the reservation of the land of the petitioners,
bearing Survey No.18/2 admeasuring 0.25 HR of Mouza Khel Tryambak
Narayan, Taluka Achalpur, District Amravati for the purpose of Vegetable
Market and Maternity Home has lapsed and the petitioners are free to use
the land for the purpose for which the adjoining land could be used under
the final development plan.
WP 4160/16 6 Judgment
Rule is made absolute in the aforesaid terms with no order as
to costs.
JUDGE JUDGE
APTE
