Bombay High Court
Jyotikaur Ram Singh Khtri Maiden Name ... vs The State Of Maharashtra, Thr. Secy., ... on 12 June, 2025
Author: M.S.Jawalkar
Bench: M. S. Jawalkar
2025:BHC-NAG:5554-DB
1 WP2053.24 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 2053 OF 2024
PETITIONER : Jyotikaur Ram Singh Khatri,
maiden name Jyoti Vithalrao Satavkar,
Age 62 years, Occu. Retired,
R/o 38, MIG, MHADA Colony,
Dolamethi, 8th Mile, Amravati Road,
Nagpur.
VERSUS
RESPONDENTS : 1] The State of Maharashtra,
through the Secretary,
Urban Development Department,
Mantralaya, Mumbai - 32.
2] The Nagpur Municipal Corporation,
through its Commissioner,
Civil Lines, Nagpur, Dist. Nagpur.
3] Nagpur Improvement Trust,
through its Chairman, Station Road,
Sadar, Nagpur.
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Mr. G. K. Mundhada, Advocate for the petitioner
Ms. D. V. Sapkal, A.G.P. for respondent no.1
Mr. Pratik D. Khedikar, Advocate h/f Mr. G. A. Kunte, Advocate
for respondent no.2
Mr. S. M. Puranik, Advocate for respondent no.3.
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CORAM : SMT. M. S. JAWALKAR and
M. W. CHANDWANI, JJ.
DATE : JUNE 12, 2025.
ORAL JUDGMENT : (Per Smt. M.S.Jawalkar, J.)
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1. RULE. Rule made returnable forthwith. By consent of
the learned counsel for the parties, the matter is taken up for final
disposal.
2. Heard Mr. G. K. Mundada, learned counsel fro the
petitioner, Ms. D. V. Sapkal, learned Assistant Government Pleader for
respondent no.1/State, Mr. Pratik D. Khedikar, learned counsel
holding for Mr. G. A. Kunte, learned counsel for respondent no.2 and
Mr. S. M. Puranik, learned counsel for respondent no.3.
3. It appears that the revised final development plan of
Nagpur city was published and sanctioned by the State Government,
which came into force on 07.01.2000. The land in question of the
petitioner has been affected by the reservation for the purpose of park
vide reservation No. MS-44 and for the purpose of primary school
vide reservation no. MS-58.
4. The petitioner herein had acquired ownership of land
bearing plot no. 151 out of layout of Shilpa Grih Nirman Sahakari
Sanstha Maryadit, Nagpur being portion of entire land of khasra no.
75, mouja Somalwada, PSK 44, bearing City Survey No. 475 of Mouza
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Somalwada, Situated at Narendra Nagar, Ward No. 15, Nagpur, Tq. &
Dist. Nagpur, on 31.08.2019 by registered sale deed. The 10 (ten)
years' period has expired on 06.01.2010 after the revised final
development plan came into force.
5. On 26.02.2022, the petitioner issued notice under
Section 127 of the Maharashtra Regional and Town Planning Act,
1966 (hereinafter referred to as "the MRTP Act" for short) to the
respondents along with a copy of sale deed, part plan, schedule of
notification, property card, tax receipt, proposed layout map, which
was duly received by the office of respondent no.2-NMC and
respondent no.3-NIT on 28.02.2022. There is no dispute over this
factual aspect by respondent nos.2 and 3.
6. Though, there was a direction by respondent no.1 to
respondent nos.2 and 3 to acquire the said land within the stipulated
period of 24 months, it was not acquired. The statutory period of 24
months have been lapsed after receipt of notice under Section 127 of
the MRTP Act, on 27.02.2024. As per the reply of respondent no.3,
the development permission to the previous owner under Gunthewari
scheme has been granted after deposit of the amount as the petitioner
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has served notice under Section 127 of the MRTP Act. The petition is
liable to be dismissed as already the plot is released under the
Gunthewari scheme. However, it appears that respondent no.3 is not
granting permission for development and RL is not issued on the
ground that Public Interest Litigation Nos. 40/2013 and 88/2018 are
pending.
7. In PIL No. 40/2013, by way of interim relief, this Court
directed that until further orders are passed in the matter, the
respondents shall not regularize any unauthorized constructions on
the lands which are reserved in the Development Plan for playgrounds
or open space. However, in view of the above submissions, there is
no compliance of Section 127 of the MRTP Act and in spite of notice,
no steps were taken within the statutory period of 24 months for
acquiring the land. As such, the reservation has lapsed in view of
Section 127 of the MRTP Act. Accordingly, we proceed to pass the
following order :
8. The Writ Petition is allowed.
9. It is declared that the reservation dated 07.01.2000 for
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the purpose of park vide reservation No. MS-44 and for the purpose
of primary school vide reservation no. MS-58, has been lapsed.
10. The notification to that effect be published within three
months from today.
11. The land of the petitioner bearing Plot no. 151 out of
layout of Shilpa Grih Nirman Sah. Sanstha Maryadit, Nagpur being
portion of entire land of khasra no. 75, mouja Somalwada, PSK 44,
bearing City Survey No. 475 of Mouza Somalwada, Situated at
Narendra Nagar, Ward No. 15, Nagpur, Tq. & Dist. Nagpur is released
from the reservation.
12. Rule is made absolute in the aforesaid terms. The writ
petition stands disposed of. No order as to the costs.
(M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.)
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 18/06/2025 11:49:06
