Bombay High Court
Sureshchander S/O Manoharlal ... vs State Of Maharashtra, Ministry Of ... on 9 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4479 OF 2019
1) Shri Sureshchander s/o Manoharlal
Suri, aged about 60 years, occupation :
Business, r/o 21, Clarke Town,
Nagpur.
2) Smt. Shashi w/o Subhash Sahani,
aged about 65 years, occupation :
Housewife, r/o 34, Clarke Town,
Nagpur.
3) Smt. Kamlesh w/o Ravi Choudhary,
aged about 59 years, occupation :
housewife, r/o 401, Chaitanya
Apartments, Clarke Town, Nagpur. ... Petitioners
- Versus -
1) State of Maharashtra, Ministry of
Urban Development and Revenue
and Forest Department,
Mantralaya, Mumbai - 400032.
2) Nagpur Municipal Corporation,
Nagpur, through its Municipal
Commissioner, Civil Lines, Nagpur.
3) Nagpur Improvement Trust,
Kingsway, Nagpur, through its
Chairman.
4) The Collector, Civil Lines,
Nagpur.
5) Special Land Acquisition Officer,
Nagpur Improvement Trust,
Kingsway, Nagpur. ... Respondents
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Shri M. Anilkumar, Advocate for petitioners.
Shri A.S. Fulzele, Additional Government Pleader for respondent
nos.1, 4 and 5.
Shri A.M. Kukday, Advocate for respondent no.2.
Shri S.M.Puranik, Advocate for respondent no.3.
----------------
CORAM : A.S. CHANDURKAR AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED : JANUARY 9, 2023
ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :
Rule. Rule is made returnable forthwith. Heard finally
with the consent of the learned Counsel for the parties.
2) The petitioners claim to be owners of Khasra Nos.164,
165, 168, 169, 170, 171/1, 172/1, 175/1, 202, 203 and 211
admeasuring 37.38 acres situated at Mouza Nara, Tahsil and
District Nagpur. In the sanctioned development plan for the city of
Nagpur, the said land was shown to be reserved for "park". On
13/11/2017, notice under Section 127 of the Maharashtra Regional
and Town Planning Act, 1966 came to be issued to the Nagpur
Improvement Trust as well as to the Nagpur Municipal Corporation.
The said notice was received by the Nagpur Improvement Trust on
14/11/2017 and by the Nagpur Municipal Corporation on
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15/11/2017. Since no steps for acquiring the said land for the
purpose for which it was reserved was taken by the Planning
Authority, the petitioners seek a declaration that reservation in
question has lapsed in view of deeming fiction under Section 127 of
the said Act.
3) Heard the learned Counsel for the parties and perused
the documents on record. It is seen from the notice dated
13/11/2017 that the same has been received by the Planning
Authority, which is now the Nagpur Improvement Trust. In the reply
filed by the Nagpur Improvement Trust, this aspect is not denied. It
is a further admitted position that within a period of twelve months
from receipt of that notice, no steps for acquiring the same were
initiated. Consequently, the deeming fiction provided under
Section 127(1) of the said Act would operate and this would result in
lapsing of the aforesaid reservation.
4) Hence, for the aforesaid reason, the following order is
passed :
It is declared that the reservation for "park" at serial
No.N-116 in the sanctioned development plan for the aforesaid
properties is deemed to have lapsed under Section 127 of the said
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Act. The respondent no.1 shall issue a notification indicating
lapsing of the aforesaid reservation within a period of six weeks from
receipt of copy of this judgment. The petitioners are free to develop
the said land in the manner permissible under the sanctioned
development plan for the adjoining property.
5) Rule is made absolute in the aforesaid terms. The
petition is disposed of accordingly. No costs.
JUDGE JUDGE
khj
Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:10.01.2023 18:38
