Bombay High Court
Kisan S/O Kashiprasad Borle vs State Of Maha., Thr. Principal ... on 6 March, 2017
Bench: B.P. Dharmadhikari
Judgment wp245.17
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION Nos.245 & 246 OF 2017.
WRIT PETITION No.245 OF 2017.
Kisan s/o Kashiprasad Borle,
Aged about 55 years, Occ - Agriculturist,
r/o. Civil Lines, Yavatmal,
tq. and District Yavatmal. ....PETITIONER.
VERSUS
1.State of Maharashtra,
through Principal Secretary,
Urban Development Department (2)
Mantralaya, Mumbai - 400 032.
2. Municipal Council, Pandharkwada,
through its Chief Officer,
Pandharkawada, District Yavatmal. ....RESPONDENTS
.
WITH
WRIT PETITION No.246 OF 2017.
M/s. Rai Udyog Limited,
through its Director, Shri Kishor
s/o Gopichand Rai, Aged about 55
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Judgment wp245.17
2
Years, Occ - Business,
r/o. Cornel Bagh, Tq. and District
Nagpur. ....PETITIONER.
VERSUS
1.State of Maharashtra,
through Principal Secretary,
Urban Development Department (2)
Mantralaya, Mumbai - 400 032.
2. Municipal Council, Pandharkwada,
through its Chief Officer,
Pandharkawada, District Yavatmal. ....RESPONDENTS
.
-----------------------------------
Mr. P.S. Tiwari, Advocate for Petitioners.
Ms.T. Khan, Asstt. Govt. Pleader for Respondent No.1.
Mr. P.J. Mehta, Advocate for Respondent No.2.
------------------------------------
CORAM : B.P. DHARMADHIKARI &
MRS. SWAPNA JOSHI, JJ.
DATED : MARCH 06, 2017.
ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)
Heard Shri P.S. Tiwari, learned counsel for petitioners, Ms.
T. Khan, learned A.G.P. for respondent no. 1 and Shri P.J. Mehta,
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learned counsel for respondent no.2. By their consent, Writ Petitions
are taken up for final disposal by issuing Rule, making the same
returnable forthwith.
2. Petitioners claim lapsing of reservation in terms of deeming
fiction contained under Section 127 of the Maharashtra Regional and
Town Planning Act.
3. This litigation has a previous history. Petitioners had filed
Writ Petition Nos. 1079 and 1080 of 2013. Those writ petitions were
disposed of on 23.01.2014 with a direction to respondents to take
decision on then pending proposal under Section 37 of the Act within a
period of six months.
4. As that decision was not taken, Contempt Petition Nos. 46
and 47 of 2015 were filed and same have been disposed of on
06.03.2016. It is not in dispute that, that prayer for modification under
Section 37 has been rejected by the State Government.
5. Fields of petitioners namely Survey Nos. 6/1 and 6/2 are
reserved for Park in the Development Plan and petitioners have after
expiry of period of 10 years, served a notice under Section 127 [1] of
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the Act on 29.09.2014. Service of valid notice along with necessary
documents and expiry of period of one year as contemplated under
Section 127[1], is not in dispute. Respondent no.2 Planning Authority
has not initiated any steps for acquisition of that land in the meanwhile.
6. Today learned counsel appearing for respondent no.2 upon
instructions states that as though part of land national highway has
already been constructed, the land has not remained suitable for park.
Accordingly, respondent no.2 has filed reply before this Court. Effort is
to point out that a minor modification was therefore sought as now said
land is no longer is suitable for park.
7. Learned A.G.P. submits that she is still awaiting instructions
from respondent no.1.
8. We find that respondent no.1 has filed suitable reply affidavit
in Writ Petition No. 1980/2013 and thereafter, contempt proceedings
have been disposed of on 06.04.2016, after respondent no.2 rejected
modification under Section 37 of the Act.
9. In this situation, following the law laid down by the Hon'ble
Supreme Court in case of State of Maharashtra .vrs. Bhakti Vedanta
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Book Trust and others (2013 [5] Scale 309) and Girnar Traders .vrs
State of Maharashtra (2007) 7 SCC 555), we issue following
declaration and direction.
10. It is accordingly declared that reservation on Survey Nos. 6/1
and 6/2 of Mouza Pandharkawada, Taluq Kelapur, District Yavatmal has
lapsed and said lands have become available for its development, for
the purpose for which adjacent lands can be developed. Rule is made
absolute in the aforesaid terms with no order as to cost.
JUDGE JUDGE
Rgd.
