Bombay High Court
Jijau Vividh Karmachari Graha ... vs The State Of Maharashtra And ... on 14 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 wp 7649.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7649 OF 2018
Jijau Vividh Karmachari Graha
Nirman Sahakari Sanstha Ltd.,
Selu through its Secretary
Sopan Gopalgao Ghube .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Mrigesh D. Narwadkar, Advocate for the Petitioner.
Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1, 2 and 4.
Shri Swapnil S. Rathi, Advocate for the respondent No. 3
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 14TH FEBRUARY, 2022.
FINAL ORDER :
. The development plan was sanctioned for the Municipal
Council, Selu on or about 18.06.2001. In the said development
plan the land of the petitioner bearing gut No. 8/2 admeasuring
1H 5.76R was reserved for Panchayat Samiti. The development
plan was revised and sanctioned on 14.07.2005. Under the said
development plan the land of the petitioner was reserved as site
No. 27 for Government offices and staff quarters. No steps for
acquisition were initiated. The petitioner on or about 04 th April,
2016 served notice U/Sec. 127 of the Maharashtra Regional and
Town Planning Act (for short "Said Act") to the planning
authority, even upon the Municipal Council, Selu. Thereafter,
the petitioner on or about 04th April, 2016 issued notice U/Sec.
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127 of the said Act to the Collector, Parbhani. The petitioner has
filed the acknowledgment of service confirmed by the post office.
It states that, the notice is served upon the respondent on 11 th
April, 2016. No steps are taken for acquisition thereafter for the
period of two years.
2. The learned Assistant Government Pleader for
respondents/State submits that, the notice U/Sec. 127 of the said
Act provides service upon the District Collector in the valid
manner inspite of informing the petitioner of the same by the
Assistant Director of Town Planning Parbhani, the notice is not
validly served.
3. The factual matrix about the land of the petitioner bearing
gut No. 8/2 to the extent of 1H 5.76R is reserved for Government
offices and staff quarters in the year 2005 is not disputed. The
service of notice U/Sec. 127 of the said Act to the planning
authority is not also disputed. The Government in the affidavit
has disputed service of notice upon the Collector, Parbhani.
4. The petitioner has placed on record letters issued by the
Superintendent of Post Office, Parbhani, wherein it is clearly
stated that the notice issued by the petitioner to the Collector is
delivered on 11.04.2016. The information to that effect is placed
on record. In the light of that the notice is also served upon the
appropriate authority as well as the planning authority.
5. From 11.04.2016 for a period of two years no steps for
3 wp 7649.18
acquisition are initiated by the planning authority and/or the
State Government.
6. Section 127 of the M. R. T. P. Act is fetter on the powers of
eminent domain. The same operates to remove clog on the right
of ownership of an individual. The right to property though is
not fundamental right, still continues to be constitutional right
now a days, it has been brought within the contours of the
human right. As no steps are initiated for acquisition of land
within a period of two years from the date of service of notice
U/Sec. 127 of the said Act, the reservation stands lapsed.
Reference can be had to the judgment of the Apex Court in a case
of Girnar Traders Vs. State of Maharashtra and others reported
in (2011) 3 S.C.C. 01.
7. In the light of the above, we pass following order.
8. The reservation as site No. 27 on the land of the petitioner
bearing gut No. 8/2 admeasuring 1H 5.76R situated at Selu
stands lapsed. The said land stands released from reservation.
The Government shall issue notification U/Sec. 127(2) of the M.
R. T. P. Act expeditiously and preferably within a period of six
(06) months from today.
9. The writ petition accordingly is disposed of. No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
bsb/Feb.22
