Bombay High Court
Vimalbai Ramkishan Wattamwar vs The State Of Maharashtra And ... on 2 December, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 1052-WP-8995-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8995 OF 2021
Vimalbai w/o Ramkishan Wattamwar,
Age: 78 years, Occu.: Household,
R/o Near Vithal Mandir, Kinwat,
Tq. Kinwat, Dist. Nanded ..PETITIONER
VERSUS
1. The State of Maharashtra
Through the Secretary,
Urban Development Department,
Mantralaya, Mumbai-32.
2. The Director of Town Planning,
Town Planning Office,
Central Building, Pune.
3. The Deputy Director,
Town Planning and Valuation Department,
Central Office, Aurangabad.
4. The Assistant Director of Town Planning,
Town Planning Office, Nanded.
5. The Municipal Council,
Kinwat, Dist. Nanded.
Through its Chief Officer. ..RESPONDENTS
...
Mr. Upendra B. Bilolikar, Advocate for the
Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
Mr. B. A. Darak, Advocate for Respondent No.5.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 02nd DECEMBER, 2021.
ORAL JUDGMENT (Per S. V. Gangapurwala, J.):-
1. Rule. Rule made returnable forthwith.
With the consent of parties, matter is taken up for
final hearing at the admission stage.
(2) 1052-WP-8995-2021
2. The development plan of the Municipal
Council, Kinwat was prepared on 27.05.2002. The
same was revised in the year 2005. In the revised
development plan of the year 2005, the lands of the
petitioner bearing Gut No.294 admeasuring 43.60R,
Gut No.295 admeasuring 43R and Gut No.296
admeasuring 2H 22R were reserved for truck terminal
as Site No.34/A. For a period of ten years, no
steps were undertaken by Municipal Council. The
petitioner on 10.05.2019 served notice under
Section 127 of the Maharashtra Regional and Town
Planning Act, 1966 (hereinafter referred to as
'M.R.T.P. Act, 1966') to the Municipal Council.
The said notice was served on the same day to the
Municipal Council. According to the learned
counsel for the petitioner, no steps for
acquisition are initiated within a period of two
years. The reservation stands lapsed.
3. Mr. Darak, learned counsel submits that,
though the petitioner has served notice on
10.05.2019, he has served another notice on
11.06.2021. The twenty four months are to be
counted from 11.06.2021. According to the
petitioner notice dated 11.06.2021 was simply a
reminder.
4. We have considered the submissions
canvased by the learned counsel for the respective
parties.
(3) 1052-WP-8995-2021
5. The factual matrix narrated above is not
disputed. The lands of the petitioner bearing Gut
No.294 admeasuring 43.60R, Gut No.295 admeasuring
43R and Gut No.296 admeasuring 2H 22R are reserved
for truck terminal as Site No.34/A in revised
development plan of the year 2005. No steps for
acquisition are initiated. The notice under
Section 127 of the M.R.T.P. Act, 1966 has been
served upon the Planning Authority viz. Municipal
Council on 10.05.2009. The notice dated 11.06.2021
only proposed that, as no steps for acquisition are
taken pursuant to the notice dated 10.05.2019, the
reservation stands lapsed. The same was not a
fresh notice under Section 127 of the M.R.T.P. Act,
1966.
6. Section 127 of the M.R.T.P. Act, 1966 is a
fetter on the power of eminent domain. The lands
of the petitioner cannot be reserved in perpetuity,
that would deprive the petitioner from enjoying
ownership rights of the lands.
7. As no steps for acquisition within the
period of twenty four months from the date of
service of notice are initiated, the reservation
stands lapsed.
8. It is hereby declared that, reservation on
the petitioner's lands bearing Gut No.294
admeasuring 43.60R, Gut No.295 admeasuring 43R and
Gut No.296 admeasuring 2H 22R as Site No.34/A
stands lapsed.
(4) 1052-WP-8995-2021
9. The State Government shall issue
Notification under Section 127 (2) of the M.R.T.P.
Act, 1966 within a period of six (06) months from
today.
10. Rule accordingly made absolute in above
terms. No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/December-2021
