Mr. Saifuddin Fida Ali Dama vs State Of Maharashtra Thr. ...
2018 Latest Caselaw 1083 Bom

 2901WP7264.17-Judgment                                                                         1/4


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                     WRIT PETITION NO.   7264   OF    2017


 PETITIONER :-                        Mr. Saifuddin Fida Ali Dama, aged about 49
                                      years,   Occupation   -   Business,   R/o.   Thebsa
                                      Mohalla, Near Bohra Masjid, Itwari, Nagpur. 

                                         ...VERSUS... 

 RESPONDENTS :-                  1. State of Maharashtra, Through its Principal
                                    Secretary,   Urban   Land   Development
                                    Department, Mantralaya, Mumbai-32. 

                                 2. The Nagpur Improvement Trust, Through its
                                    Building   Engineer   (North),   Civil   Lines,
                                    Nagpur. 


 ---------------------------------------------------------------------------------------------------
                       Mr.D.V. Siras, counsel for the petitioner.
        Mr.Abarish Joshi, Asstt.Govt.Pleader for the respondent No.1.
              Mr. Girish A. Kunte, counsel for the respondent No.2.
 ---------------------------------------------------------------------------------------------------


                                        CORAM : SMT. VASANTI    A    NAIK & 
                                                    ARUN  D. UPADHYE
                                                                     ,   JJ.

DATED : 29.01.2018

O R A L J U D G M E N T (Per : Smt.Vasanti A Naik, J.)

Rule. Rule made returnable forthwith. The writ petition

is heard finally at the stage of admission with the consent of the learned

counsel for the parties.

2901WP7264.17-Judgment 2/4

2. By this writ petition, the petitioner seeks a declaration that

the reservation of the land of the petitioner for octroi post has lapsed in

view of the provisions of section 127 of the Maharashtra Regional and

Town Planning Act.

3. The petitioner is the owner and occupier of land

admeasuring 00.19 HR in Khasra No.135/17 (new) of Mouza Nara.

The final development plan was published by the Nagpur Improvement

Trust on 10/09/2001. Since the land of the petitioner was not acquired

within a period of ten years from the date of the publication of the final

development plan, the petitioner served a purchase notice dated

14/06/2012 on the respondents for acquisition of his land within one

year. Though the notice is duly served on the respondents, the

respondents have not taken any effective steps for the acquisition of the

land of the petitioner within one year and hence, the petitioner has

sought the aforesaid declaration.

4. Shri Siras, the learned counsel for the petitioner,

submitted that the declaration, as sought by the petitioner needs to be

granted as the respondents have not acquired the land of the petitioner

within ten years from the date of issuance of the final development plan

and effective steps for the acquisition of the land of the petitioner are

2901WP7264.17-Judgment 3/4

not taken by the respondents within one year from the service of the

purchase notice dated 14/06/2012. It is submitted that the reservation

of the land of the petitioner is deemed to have lapsed in view of the

provisions of section 127 of the Act.

5. Shri Ambarish Joshi, the learned Assistant Government

Pleader appearing for the State Government and Shri Girish Kunte, the

learned counsel for the respondent-Nagpur Improvement Trust do not

dispute that the land of the petitioner is not acquired for the octroi post

or for any other purpose after the same was reserved in the final

development plan published on 10/09/2001. It is fairly admitted that

within one year from the date of service of the purchase notice dated

14/06/2012, the section 6 notification is not issued. It is stated that

with the abolition of the octroi, the Nagpur Improvement Trust does not

require the land of the petitioner for being used as an octroi post.

6. It is clear from the submissions recorded herein above that

the respondents have not acquired the land of the petitioner within ten

years from the date of publication of the final development plan and

effective steps for the acquisition of the land of the petitioner are not

taken by the respondents within one year from the date of service of the

purchase notice dated 14/06/2012. In view of the clear provisions of

2901WP7264.17-Judgment 4/4

section 127(1) of the Act, the reservation of the land of the petitioner is

deemed to have lapsed and the petitioner would be free to develop the

land as is permissible for the adjoining land as per the final

development plan. Since the respondents have not taken any effective

steps and the respondents do not require the land of the petitioner for

the octroi post, the declaration 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

petitioner, more specifically described in the writ petition for the octroi

post is deemed to have lapsed in view of the provisions of section

127(1) of the Maharashtra Regional and Town Planning Act and the

land would be available to the petitioner for development as is

permissible for the adjoining land as per the relevant development plan.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                         JUDGE                                             JUDGE 

 KHUNTE