Bombay High Court
Shakiloddin Sharfoddin Badgujar vs The State Of Maharashtra And ... on 28 September, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10573 OF 2016
Shakiloddin Sharfoddin Badgujar,
Age: 44 Years, Occu.: Agril.,
R/o.: Mominpura, Kinwat,
Tal.: Kinwat, District: Nanded .. Petitioner
Versus
1. State of Maharashtra,
Through Secretary,
Urban Development Department,
Mantralaya, Mumbai - 32
2. Director Textile Secretariat,
Floor, New Central Building,
Maharashtra State,
Pune, Tal. and Dist.: Pune
3. Director,
Town Planner, Town Planning Office,
Pune, Tal. and Dist.: Pune
4. District Collector,
Collector Office, Nanded
5. Assistant Director,
Town Planner, Town Planning Office,
Nanded, Dist.: Nanded
6. Special Land Acquisition officer,
Land Acquisition Office,
Nanded, Dist.: Nanded.
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7. Agricultural Produce Market Committee,
Kinwat, Tal.: Kinwat,
District: Nanded,
Through its President / Secretary
8. Municipal Council,
Kinwat, Tal.: Kinwat, Dist.: Nanded,
Through its Chief Executive Officer .. Respondents
Shri V. J. Dixit, Senior Advocate h/f Shri L. V. Sangeet, Advocate
for the Petitioner.
Mrs. R. P. Gour, A. G. P. for Respondent Nos. 1 to 6.
Shri Upendra B. Bilolikar, Advocate for Respondent No. 7.
Ms. Deepali S. Biyani h/f Shri B. A. Darak, Advocate for
Respondent No. 8.
CORAM : S. V. GANGAPURWALA &
MANGESH S. PATIL, JJ.
DATE : 28 September, 2017
th
JUDGMENT (Per S. V. Gangapurwala, J.) :
1. Rule. Rule Returnable forthwith. With the consent of
parties taken up for final hearing.
2. Mr. Dixit, learned Senior Advocate for the petitioner
submits that petitioner is the owner and possessor of land Gut
No. 4/1 to the extent of 40R situated at Kinwat, Taluka -
Kinwat. The said land is reserved in the Development Plan
sanctioned on 15.2.2002 for the purpose of Market Yard. As no
steps were taken for 10 years the petitioner on 26.9.2014 issued a
Purchase Notice U/Sec. 49 of the Maharashtra Regional and
Town Planning Act, 1966 (hereinafter to be referred as "M.R.T.P.
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Act) to the respondents. After hearing the parties the Purchase
Notice was confirmed U/Sec. 49(4) of the M.R.T.P. Act by order
dated 6.1.2015. Learned counsel submits that for 1 year
thereafter no steps are taken for acquisition. The application is
not filed by the Appropriate Authority nor the Planning
Authority for acquisition of the said property, as such, in view of
Section 49 (7) of the M.R.T.P. Act the acquisition stands lapsed.
The petitioner is free to develop the said property.
3. Mr. Bilolikar, learned counsel for respondent No. 7
Agricultural Produce Market Committee submits that,
respondent No. 7 requires the writ land for its market yard,
there is no other land available. However, because of the weak
financial condition of respondent no. 7 steps could not be taken
for acquisition. The respondent No. 7 has moved the
Government for sanction of grants and the same is being
considered. The writ petition be dismissed.
4. We have heard the learned counsel for respondent No. 8
and the learned A. G. P.
5. The following facts are undisputed:
I] The Development Plan is sanctioned on 15.2.2002.
II] The land of petitioner to the extent of 40R from
Gut No. 4/1 at Kinwat is reserved for Market Yard in the
Development Plan.
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III] Notice U/Sec. 49 of the M.R.T.P. Act is issued on
26.9.2014.
IV] The respondent No. 3 confirmed the Purchase Notice
on 6.1.2015.
V] Till date no application is made by respondent Nos. 7
or 8 for acquisition of the said property.
6. Considering the aforesaid factual matrix and the fact that
no application has been made for acquisition till this date, the
provisions of Section 49(7) of the M.R.T.P. Act would come into
operation. Section 49(7) of the M.R.T.P. Act reads as under:
"Section 49..............
(7) If within one year from the date of confirmation
of the notice, the Appropriate Authority fails to make
an application to acquire the land in respect of
which the purchase notice has been confirmed as
required under section 126, the reservation,
designation, allotment, indication or restriction on
development of the land shall be deemed to have
lapsed; and thereupon, the land shall be deemed to
be released from the reservation, designation, or, as
the case may be, allotment, indication or restriction
and shall become available to the owner for the
purpose of development otherwise permissible in the
case of adjacent land, under the relevant plan."
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7. In view of the aforesaid provision the Appropriate
Authority has failed to make an application to acquire the land
within 1 year from the date of confirmation of the notice. The
reservation or restriction on development of the land is deemed
to have lapsed and the land is deemed to be released from
reservation and shall become available to the owner for the
purpose of development otherwise permissible in the case of
adjacent land, under the plan.
8. In light of the above, Rule is made absolute in terms of
prayer clause "A". No costs.
[MANGESH S. PATIL, J. ] [S. V. GANGAPURWALA, J. ]
marathe/sep.17
