Shri. Shripad Alias Pramod ... vs State Of Maharashtra Thru Urban ...
2023 Latest Caselaw 2084 Bom

                                                                                14-wp12309-22.doc

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

VASANT     Digitally signed by
           VASANT ANANDRAO
ANANDRAO   IDHOL
           Date: 2023.03.04
                                        WRIT PETITION NO.12309 OF 2022
IDHOL      17:00:42 +0530




           Shripad @ Pramod N. Bhonde & Ors.                                   ...Petitioners
                     V/s.
           The State of Maharashtra & Ors.                                     ...Respondents


           Mr.Uday B. Nighot for the Petitioners.

           Mr.N.K. Rajpurohit, AGP for the State - Respondent Nos.1 and 2.

           Mr.Aniruddha A. Garge for the Lonawala Municipal Council -
           Respondent No.3.

                                                CORAM : R.D. DHANUKA &
                                                        M.M. SATHAYE, JJ.

DATE : 2ND MARCH, 2023.

P.C. :-

1. Rule. Learned AGP waives service for the Respondent

Nos.1 and 2. Mr.Garge waives service for the Respondent No.3. By

consent of parties, the Petition is heard finally.

2. By this Petition filed under Article 226 of the Constitution of

India, the Petitioners are seeking a declaration that the reservation,

designation or allotment provided under the development plan and

revised development plan of the Respondent No.3 - Lonawala

Municipal Council in respect of 1 Hector, 82 R land from Survey

No.39, Hissa No.1 at Lonawala within the jurisdiction of Lonawala

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Municipal Council ("the writ land" for short), is lapsed and the same is

available to the Petitioners for the purpose of development as they

please. The Writ Petition further seeks a declaration that the writ land

has been de-reserved under the provisions of the Maharashtra

Regional Town Planning Act ("the said Act" for short) as no steps are

taken pursuant to the purchase notice issued on the Petitioners on

11th October, 2018.

3. Heard learned counsel for the Petitioners. It is the case of

the Petitioners that on 28th February, 1978, in the development plan

of Lonawala Municipal Council published and sanctioned by the

Respondent No.1, the writ land was reserved for Industrial Housing

Complex (Designated Site No.54). In the year 2005, the revised

development plan was sanctioned in which the same reservation

continued. It is their case that on 6th January, 2015, the Petitioners

had given notice to the Respondent No.3 under Section 127 of the

said Act, of 12 months, to acquire the writ land and Writ Petition

No.2913 of 2017 was filed, which was withdrawn with liberty to give

fresh notice. On 11th October, 2018, pursuant to the liberty granted by

this Court, the Petitioners again issued fresh notice under section 127

of the said Act to acquire the writ land. It is submitted that the

statutory period of 24 months under under Section 127 of the said Act

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is already over.

4. Learned counsel for the Petitioners relied upon the

Judgments of this Court in Writ Petition (Stamp) No.1497 of 2020

pronounced on 25th September, 2020, and the Judgment passed in

Writ Petition No.205 of 2021 dated 9th April, 2021, wherein similar

prayer of lapsing of reservation of the adjoining lands of the writ land,

has been granted.

5. Heard Mr.Garge, learned counsel for the Municipal Council

- Respondent No.3. He invited our attention to the additional affidavit

filed by the Respondent No.3 and more particularly paragraph 2

thereof. It is stated therein that after taking the search, no documents

with respect to the acquisition of the writ land pursuant to the

aforesaid purchase notice dated 11th October, 2018 is found in the

records. It is further stated that as per the report of the clerk of

meetings, there is no proposal kept regarding acquisition of the writ

land in the General Body Meetings held from 11 th October, 2018 to

11th October, 2020 and therefore, no resolution has been approved to

that effect.

6. He further invited our attention to a letter dated 1 st

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December, 2022 informing him to submit that there are no documents

available showing any acquisition of the writ land.

7. In view of the facts and circumstances narrated above, we

are satisfied that the reservation of the writ land has lapsed under the

provisions of Section 127 of the MRTP Act.

8. The Writ Petition is accordingly allowed in terms of prayer

clauses (b) and (c). Rule is made absolute in above terms. No order

as to costs.

(M.M. SATHAYE , J.)                              (R.D. DHANUKA, J.)