Bombay High Court
Ravi Raghoji Dudhe vs The State Of Maharashtra, Thr. ... on 18 August, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:8177-DB
20WP3047-23 JUD.odt
1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3047 OF 2023
PETITIONER(S) : 1) Ravi Raghoji Dudhe
Age @ 61 yrs, Occ: Agriculturist,
R/o. Baripura, Darwha, Tq. Darwha,
Dist. Yavatmal.
..VERSUS..
RESPONDENT(S) : 1) The State of Maharashtra,
Through its Secretary for Urban
Development Department, Mantralaya,
Mumbai.
: 2) The Municipal Council Darwha,
Through its Chief Officer, Darwha, Tq.
Darwha, Dist. Yavatmal.
------------------------------------------------------------------------------------------------------------------------------------
Mr. Ganesh B. Mate, Advocate for Petitioner/s.
Ms Kalyani Marpakwar, AGP for the respondent No.1/State
Mr. S.M. Vaishav, Advocate for the respondent No.2
------------------------------------------------------------------------------------------------------------
CORAM : ANIL S. KILOR AND VRUSHALI V. JOSHI, JJ.
DATE : 18.08.2025
ORAL JUDGMENT : (Per : Anil S. Kilor, J.)
1. Heard.
2. Rule. The Rule is made returnable forthwith. Heard
finally by consent of learned counsel for the respective parties.
3. By this petition, the petitioner is seeking declaration
under Section 127 of the Maharashtra Regional & Town
Planning Act, 1966 (for short "the MRTP Act") on lapsing of
nd.thawre
20WP3047-23 JUD.odt
reservation of garden on the land, namely agricultural field
Survey No.24/1, admeasuring 0.57 HR out of 1 Hectare 25 R
of Darwha Khanda 1, Tahsil Darwha, District Yavatmal,
owned by the petitioner.
4. It is the case of the petitioner that the respondent
No.2 published a final development plan of Darwha City,
showing the land in question reserved for garden on
13.07.2005.
5. The petitioner waited for 10 years for the steps to be
taken towards acquisition of the said land. However, even after
14 years of the publication of the final development plan, no
such steps were taken. Therefore, the petitioner issued notice
under section 127 of the MRTP Act.
6. Despite service of the same, within 24 months, as
stipulated under the MRTP Act, no steps were taken by the
respondent No.2 to acquire the said land. Hence, this petition
to declare the land in question as 'Dereserved'.
7. While opposing the present petition, the learned
counsel for the respondent No.2 argues that the notice is not in
nd.thawre
20WP3047-23 JUD.odt
a proper format and therefore, it cannot be treated that the
notice is under Section 127 of the MRTP Act.
8. In light of the rival submissions, we have perused the
record.
9. At this juncture, it would be beneficial to refer to
Section 127 of the MRTP Act, which reads thus:
"127. Lapsing of reservations.
- [(1)] If any land reserved, allotted or designated for any
purpose specified in any plan under this Act is not
acquired by agreement within ten years from the date on
which a final Regional plan, or final Development plan
comes into force [or, if a declaration under sub-section (2)
or (4) of section 126 is not published in the Official
Gazette within such period, the owner or any person
interested in the land may serve notice, alongwith the
documents showing his title or interest in the said land,
on the Planning Authority, the Development Authority
or, as the case may be, the Appropriate Authority to that
effect; and if within twenty-four months] from the date of
the service of such notice, the land is not acquired or no
steps as aforesaid are commenced for its acquisition, the
reservation, allotment or designation shall be deemed to
have lapsed, and thereupon the land shall be deemed to
be released from such reservation, allotment or
designation and shall become available to the owner for
the purpose of development as otherwise, permissible in
the case of adjacent land under the relevant plan.
[(2) On lapsing of reservation, allocation or designation
of any land under sub-section (1), the Government shall
notify the same, by an order published in the Official
Gazette.]"
10. From the language of Sub-section (1) of Section 127
nd.thawre
20WP3047-23 JUD.odt
of the MRTP Act, it is evident that the said provision stipulates
as under:
(i) any person interested in the land may serve notice
alongwith the documents showing his title or interest in the
said land on the Planning Authority, the Development
Authority or, as the case may be, under Section 127 for lapsing
of reservation, if the land is not acquired by agreement or a
declaration under sub-section (2) or (4) of section 126 is not
published in the Official Gazette within ten years from the date
on which a final Regional plan, or final Development plan
comes into force, to acquire the land within 24 months from
the service of notice.
(ii) Such provision further makes it clear that on failure of
authority to take steps within such period, the allotment or
designation shall be deemed to have lapsed and thereupon, the
land shall be deemed to be released from such reservation and
the land shall become available to the owner for the purpose of
development, as otherwise permissible in the case of adjacent
land under the relevant plan.
nd.thawre
20WP3047-23 JUD.odt
11. Further, Sub-section (2) of Section 127 makes it clear
that the Government shall notify such lapsing of reservation by
an order published in the Official Gazette.
12. The notice under Section 127 of the MRTP Act
issued by the petitioner clearly indicates that in the subject of
the notice itself there is a mention that the notice is under
Section 127 of the MRTP Act. In the notice there is a clear
mention about his ownership, survey number of land, total
area, date of publication of final development plan, the period
lapsed after publication of the final development plan. To
show his ownership, as required and stipulated under section
127(1) of the MRTP Act, the petitioner submitted 7/12 extract
of the land along his notice.
13. In the circumstances, once there is no dispute about
the ownership and submission of title documents along with
such notice and further there is no dispute about the fact that
after publication of the final development plan, within 10 years
the land was not acquired. On failure of the respondent No.2 to
acquire the land by way of agreement or under sub-sections (2)
nd.thawre
20WP3047-23 JUD.odt
and (4) of the 126 of the MRTP Act within 24 months from
the date of service of notice under Section 127 issued by the
petitioner, the land in question i.e. the agricultural field Survey
No.24(1) is deemed to have de-reserved. Accordingly, we pass
the following order :
(i) The writ petition is allowed.
(ii) We hereby declare that Reservation No.3
on the agricultural land admeasuring 57 H.R. bearing
Survey No.24(1), situated at Dwarwa Khanda No.1,
Tahsil Darwha, District Yavatmal, owned by the
petitioner, and reserved under Notification dated
13.07.2005, has lapsed in terms of Section 127 of the
Maharashtra Regional & Town Planning Act, 1966.
(iii) The respondent No.1/the State of
Maharashtra is directed to take action under Sub-
section (2) of Section 127 of the MRTP Act, to publish
notification.
Rule accordingly.
(VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
Signed by: Mr. Niranjan Thawre
Designation:nd.thawre
PA To Honourable Judge
Date: 20/08/2025 14:27:08
