Bombay High Court
Dr. Umesh Purshotam Bhivapurkar vs The State Of Maharashtra, Thr. The ... on 7 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17383-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.8710/2018
Dr. Umesh Purushottam Bhivapurkar,
age 42 Yrs., Occ. Medical Practitioner,
R/o Jogikhana Peth, Umred. ... Petitioner
- Versus -
1. The State of Maharashtra,
through the Secretary Urban Development
Department, Mantralaya, Mumbai.
2. Union of India,
through General Manager,
Central Railway, Bombay C.S.T.
Bombay.
3. Union of India, through Divisional
Railway Central Railway, Manager,
Kingsway, Near Railway Station,
Nagpur.
4. Assistant Director of Town Planning,
Government Administrative Building
No.1, 2nd Floor, Civil Lines, Nagpur
440 001.
5. The Collector Nagpur, Civil Lines,
Nagpur, Dist. Nagpur.
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6. Divisional Railway Manager, South East
Central Railway, Kingsway, Near Railway
Station, Nagpur.
7. General Manager, South East Central
Railway, Headquarters, Public Relations
Office, Ground Floor, Block "B", GMC
Office, SECR, Bilaspur, Pin 495 004.
8. Senior Manager (Land Acquisition),
Maharashtra Rail Infrastructure Development,
Corporation Ltd., 3rd Floor, Girish Heights,
LIC Square, Kamathi Road, Nagpur
Email:[email protected] ... Respondents
-----------------
Mr. G.K. Mundhada, Advocate for the Petitioner.
Ms. P.T. Joshi, Assistant Government Pleader for Respondent
Nos.1, 4 and 5.
Ms. Mugdha R. Chandurkar, Advocate for Respondent Nos.2, 3,
6 and 7.
Mr. M.V. Bute, Advocate for Respondent No.8.
----------------
CORAM :- SMT. ANUJA PRABHUDESAI &
MRS. VRUSHALI V. JOSHI, JJ.
DATED :- 07.12.2023
ORAL JUDGMENT (Per Mrs. Vrushali V. Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent.
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2. By this petition the petitioner is seeking relief of
declaration that the reservation on the land owned by him stands
lapsed under Section 127 of the Maharashtra Regional Town
Planning Act, 1966.
3. The petitioner is the owner of the land under Survey
No.212/2 having total area 2 H 42 R of village Parsodi (U.M.),
Taluka Umred, District Nagpur. In regional development plan of
Nagpur the above said land of the petitioner has been reserved for
railway broad-gauge by the respondents. It is submitted that
though the above said land of the petitioner has been reserved for
the said purpose the respondents have not taken any steps for
acquisition. The petitioner had sent a purchase notice through his
counsel, by speed post on 1.8.2015 under Section 127 of the
M.R.T.P. Act and requested the respondents to acquire the land
within the statutory period of twelve months from the date of
service of notice. Notice was duly served on 4.8.2015. Again
purchase notice was sent by the counsel for the petitioner through
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speed post on 10.7.2019 which was received on 11.7.2019. The
copy of the said notice was also sent to the Chief Officer,
Municipal Council / Nagar Parishad, Umred. After receipt of the
said notice, said Authority had informed the counsel for the
petitioner that the said land is outside the limits of Umred City
and is forming part of regional plan of Nagpur Municipal Council
and it has no role in acquisition of said land.
4. In pursuance of purchase notice, the petitioner was
informed that respondent Nos.2 and 3 have not forwarded the
proposal to the Collector, Nagpur i.e. respondent No.5 as they do
not want to commence the acquisition proceedings in respect of
said land. The counsel for the petitioner made enquiry in the
office of respondent No.5 and came to know that no proposal for
acquisition was received from respondent Nos.2 and 3 hence the
declaration under Section 126 (2) and (4) of the Land Acquisition
Act, 1894 or under Section 19 of the Right to Fair Compensation
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and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 has not been published till date.
5. The petitioner submits that the steps required to
initiate for land acquisition proceedings under the M.R.T.P. Act is
the publication of declaration under Section 126(2) of the said
Act. No such declaration has been published and the period of
12 months as contemplated by Section 127 of the M.R.T.P. Act
which is to be reckoned from the date of service of notice dated
24.7.2015, came to an end on 23.7.2016 and thus reservation of
the above said land stands lapsed.
6. As per the reply of respondent No.5, after seeking
report from M.I.D.C., Nagpur in which it has been stated that the
land in question is situated at a distance of 1 Kilometre from the
boundary of M.I.D.C. and the same is not abutting and therefore
there is no proposal for consideration regarding the acquisition of
the land for broad-gauge as shown in the regional plan. As there
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was no proposal for acquisition of land of the petitioner in
development plan no proposal has been forwarded as a result of
which no notification under Section 127(1) of the M.R.T.P. Act
and under Section 19 of New Acquisition Act, 2013 has been
issued till this date and hence the land of the petitioner is to be
released from the reservation of broad-gauge railway line of
regional plan of Nagpur which is affecting the land of the
petitioner.
7. It is apparent from the statement made in the affidavit
in reply filed on behalf of the respondent No.4 that the
reservation of the land of petitioner has lapsed in view of the
provisions of Section 127(1) of the Act inasmuch as the land was
not acquired by the respondents within 10 years from the date of
the revised development plan and effective steps were not taken
by the respondents and the land is not required for the purpose
for which it was acquired.
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8. It appears that the declaration in respect of deemed
lapsing of reservation have been satisfied in the case of the
petitioner since the government has stated that there is no
question of acquiring the land of the petitioner for the said
purpose.
9. For the above-said reasons the writ petition is allowed.
10. It is hereby declared that the reservation for broad-gauge
railway line in regional plan of Nagpur of Survey No.212/2 total
area 2 H 42 R of village Parsodi (U.M.), Taluka Umred, District
Nagpur in the regional plan has been lapsed under Section 127 of
the Maharashtra Regional and Town Planning Act, 1966 and the
petitioner is free to develop the said land as is permissible for the
adjacent land as per the relevant development plan.
The respondents are directed to issue notification under
Section 127(2) of the M.R.T.P. Act, 1966 in respect of the land
owned by the petitioner within a period of three months from the
date of this judgment.
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11. Rule is made absolute in the aforesaid terms. There shall be
no orders as to costs.
(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESAI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 20/12/2023 11:31:17
