Bombay High Court
Bhagwanrao S/O Shamrao Shinde vs District Collector, Yavatmal And ... on 24 August, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:12639-DB
WP 5195-21 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5195/2021
Bhagwanrao s/o Shamrao Shinde, aged about 60 years,
Occ: Agriculturist, R/o Mahatma Fule Ward, Umarkhed,
Tq. Umarkhed, Dist. Yavatmal. PETITIONER
-VERSUS-
1. District Collector, Yavatmal.
2. Sub Divisional Officer, Umarkhed,
Tah. Umarkhed, Dist. Yavatmal.
3. Municipal Council, Umarkhed,
through its Chief Officer, Umarkhed,
Tq. Umarkhed, Dist. Yavatmal. RESPONDENTS
__________________________________________________________________________
Shri A.M. Ghare with Shri O.A. Ghare, counsel for the petitioner.
Ms N.P. Mehta, Assistant Government Pleader for the respondent nos.1 and 2.
None for the respondent no.3.
CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : AUGUST 24, 2023.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith.
2. The petitioner claims to be the owner of land bearing Survey
No.331/2 to the extent of 0.89 HR. The said land was subjected to
Reservation No. 28 in the Development Plan of the city of Umarkhed.
Reservation was for the Housing Scheme for the displaced persons. Since
no steps were taken by the Municipal Council to acquire the said land for
the purpose for which it was reserved, the petitioner issued notice under
Section 127 of the Maharashtra Regional and Town Planning Act, 1966
(for short, 'the Act of 1966') on 03.06.2019. In response thereto, the
Municipal Council failed to take any steps whatsoever. On expiry of the
WP 5195-21 2 Judgment
period of twenty four months, the present writ petition has been filed
seeking a declaration that the aforesaid reservation has lapsed.
3. Heard the learned counsel for the parties and perused the
documents on record. The issuance of notice under Section 127 of the
Act of 1966 and its receipt is not seriously disputed by the Municipal
Council in its reply dated 21.09.2022. On the contrary, it is stated that by
letter dated 13.11.2013, the Municipal Council was called upon to deposit
the amount of Rupees Twenty Four Lakhs by the Sub-Divisional Officer.
Though the Municipal Council submitted the cheque for the aforesaid
amount alongwith its communication dated 20.08.2014, the proposal was
directed to be re-submitted by the Sub-Divisional Officer. Pursuant
thereto such proposal was again submitted on 11.08.2017. There has
been no further progress in the matter.
4. It is clear from the aforesaid that after receiving the notice under
Section 127 of the Act of 1966, no steps towards acquisition of the said
land have been taken within a period of twenty four months. As a result,
the statutory effect on failure to take such steps for acquiring the said
land would operate. As a result the reservation would be deemed to have
lapsed under Section 127 of the Act of 1966.
5. The learned counsel for the petitioner submits that for adjoining
land affected by similar reservation this Court has granted requisite relief
in Writ Petition Nos. 3185 of 2022 and 3536 of 2022.
WP 5195-21 3 Judgment
6. For aforesaid reasons, the following order is passed:-
(I) It is declared that the land admeasuring 0.89 HR from Survey
No.331/2 of Mouza Umarkhed insofar as it was affected by
Reservation No.22 is deemed to have lapsed for failure to take
steps for its acquisition.
(II) Within a period of eight weeks from today, the respondent no.1 to
take necessary steps to notify the lapsing of reservation of the
aforesaid land.
(III) The petitioner is free to develop the aforesaid land owned by him
in the manner permissible to the adjoining land holder as per the
Development Plan of city of Umarkhed.
7. The writ petition is allowed in aforesaid terms. Rule accordingly.
No costs.
(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)
APTE
Signed by: Apte
Designation: PS To Honourable Judge
Date: 25/08/2023 16:36:33
