Bombay High Court
Jalgaon Constructions Through ... vs The State Of Maharashtra And ... on 21 September, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9029 OF 2016
Jalgaon Constructions,
Through its Managing Director,
Gopal Baburao Devkar,
Age: 48 Years, Occu.: Business,
R/o.: Madhuban, Jaynagar,
Jalgaon, Tal. and Dist.: Jalgaon .. Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Urban Development Department,
Mantralaya, Mumbai
2. The Secretary,
Higher and Technical Education Department,
Mantralaya, Mumbai
3. The Directorate of Vocational Education
and Training, 3, Mahapalika Marg,
Mumbai
4. The Collector, Jalgaon
5. The Director of Town Planning,
Maharashtra State, Pune
6. The Assistant Director of Town Planning,
B. J. Market, Jalgaon
7. The Industrial Training Institute,
Opposite Government Polytechnic College,
N H 6, Jalgaon
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8. The Commissioner,
Municipal Corporation, Jalgaon,
Tal. & Dist. - Jalgaon .. Respondents
Shri Ajeet B. Kale, Advocate for the Petitioner.
Shri S. W. Mundhe, A. G. P. for Respondent Nos. 1 to 7.
Mrs. Chaitali Kutti Choudhary, Advocate for Respondent No. 8.
WITH
WRIT PETITION NO. 3585 OF 2016
1. Abhishek Omprakash Agrawal,
Age: 42 Years, Occu.: Agriculture
& Business
2. Ritesh Omprakash Agrawal,
Age: 38 Years, occu.: Agriculture
& Business
3. Bharti Satish Bhole,
Age: 56 Years, Occu.: Agriculture
& Household
All R/o.: 122, Navi Peth,
Jalgaon, Tal. and Dist.: Jalgaon .. Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Urban Development Department,
Mantralaya, Mumbai
2. The Secretary,
Higher and Technical Education Department,
Government of Maharashtra,
Mantralaya Annex, Mumbai
3. The Directorate of Vocational Education
and Training, 3, Mahapalika Marg,
Mumbai
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4. The Industrial Training Institute,
Opposite Government Polytechnic College,
N H 6, Jalgaon
5. The Collector, Jalgaon
6. The Director of Town Planning,
Maharashtra State, Pune
7. Jalgaon Municipal Corporation,
Through its Commissioner,
Jalgaon, Tal. and Dist.: Jalgaon .. Respondents
Shri Ajeet B. Kale, Advocate for the Petitioners.
Shri S. W. Mundhe, A. G. P. for Respondent Nos. 1 to 6.
Shri V. D. Gunale, Advocate for Respondent No. 7.
WITH
WRIT PETITION NO. 9031 OF 2016
1. Hiraman Chandrabhan Patil,
Age: 52 Years, Occu.: Agriculture
2. Vishnukant Pukhraj Maniyar,
Age: 50 Years, Occu.: Business,
Both R/o. Ganpatinagar,
Near Balaji Temple, Jalgaon,
Tal. and Dist.: Jalgaon .. Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Urban Development Department,
Mantralaya, Mumbai
2. The Secretary,
Higher and Technical Education Department,
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Mantralaya, Mumbai
3. The Directorate of Vocational Education
and Training, 3, Mahapalika Marg,
Mumbai
4. The Collector, Jalgaon
5. The Director of Town Planning,
Maharashtra State, Pune
6. The Assistant Director of Town Planning,
B. J. Market, Jalgaon
7. The Industrial Training Institute,
Opposite Government Polytechnic College,
N H 6, Jalgaon
8. The Commissioner,
Municipal Corporation, Jalgaon,
Tal. & Dist. - Jalgaon .. Respondents
Shri Ajeet B. Kale, Advocate for the Petitioners.
Shri S. W. Mundhe, A. G. P. for Responent Nos. 1 to 7.
Mrs. Chaitali Kutti Choudhary, Advocate for Respondent No. 8.
CORAM : S. V. GANGAPURWALA &
MANGESH S. PATIL, JJ.
DATE : 21 September, 2017
st
JUDGMENT (PER S. V. GANGAPURWALA, J.):
1. Rule. Rule made returnable forthwith. With the consent
of parties taken up for final hearing.
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2. The lands of petitioners bearing Gut No. 341/2 to the
extent of 1H 66R, Gut No. 341/1 to the extent of 1H 65R and land
Gut No. 341/3 to the extent of 1H 60R respectively situated at
Pimprala, Taluka and District - Jalgaon is reserved as Site No.
68 for I.T.I. College in the Development Plans of the city which
came into effect from 11.2.2002 and 1.10.2004.
3. For a period of 10 years no steps were taken for
development, as such, the petitioners on 17.6.2015 and
19.01.2015 issued notices U/Sec. 127 of the Maharashtra
Regional and Town Planning Act (for short "MRTP Act") to the
appropriate Authority i. e. I.T.I. The steps for acquisition are not
taken thereafter, as such, the petitioners have moved the present
petitions seeking declaration that the lands stand de-reserved.
Mr. Kale, the learned counsel for petitioners relies on the
judgment of the Apex Court in a case of Girnar Traders Vs.
State of Maharashtra and others reported in 2011 (3) SCC 1
to state that if after service of notice U/Sec. 127 of the MRTP Act
no steps are taken within the period as stipulated for acquisition,
the reservation stands lapsed.
4. Mrs. Kutti and Mr. Gunale, the learned counsel appearing
for respondent/Municipal Corporation submit that the notices
were not served upon the respondent/Municipal Corporation
being the Planning Authority, as such, the notices U/Sec. 127 of
the MRTP Act are illegal. The resolution was passed by the
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corporation for de-reserving the lands as proposal was received
from respondent No. 7/I.T.I. that it does not require the land.
5. It appears that the writ lands bearing land Gut Nos. 341/2
to the extent of 1H 66R, Gut No. 341/1 to the extent of 1H 65R
and land Gut No. 341/3 to the extent of 1H 60R are reserved as
Site No. 68 for the purpose of respondent No. 7/I.T.I. college
under the Development Plans dated 11.2.2002 and 1.10.2004.
For the period of 10 years, no steps are taken in respect of the
said lands either by the Appropriate Authority or the Planning
Authority. On or about 17.6.2015 and 19.01.2015 the petitioners
issued notices U/Sec. 127 of the MRTP Act to the Appropriate
Authority i. e. respondent No. 7. No steps were taken for
acquisition for a period of 1 year from the date of issuance of
notices.
6. Section 127 of the M. R. T. P. Act, acts as fetters on the
powers of eminent domain. As no steps are taken for acquisition
for 1 year after the service of notices U/Sec. 127 MRTP Act the
reservation stands lapsed.
7. Even, otherwise it has been submitted by the learned
A.G.P. that the said lands are not required for I.T.I.
8. Considering the aforesaid conspectus of matters, the lands
of petitioners bearing Gut No. 341/2 to the extent of 1H 66R, Gut
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No. 341/1 to the extent of 1H 65R and land Gut No. 341/3 to the
extent of 1H 60R respectively situated at Pimprala, Taluka and
District - Jalgaon reserved as site No. 68 stand released from
reservation. The respondents shall take further consequential
steps within 6 months pursuant to the release of the said lands
from reservation.
9. Rule made absolute in above terms. No costs.
[MANGESH S. PATIL, J. ] [S. V. GANGAPURWALA, J. ]
marathe/sep.17
