Bombay High Court
Bhatia Lifestyles Pvt. Ltd., Thr. ... vs The State Of Maharashtra, Thr. The ... on 17 September, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:9268-DB
938.wp.1863.2025 judge.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1863 OF 2024
Bhatia Lifestyles Pvt. Ltd.,
Through its Director Mr. Inishpal Singh
Bhatia, Age 31 years, R/o. Bhatia
Lifestyles Pvt. Ltd., Office 304 C wing,
Evershine Embassy, CTS-537,
Oshivara, Veer Dsai Road, Jogeshwari
West, Opposite Country Club,
Mumbai, Maharashtra, Pin - 400102. ...PETITIONER
// V E R S U S //
1. The State of Maharashtra,
Through the Secretary,
Urban Development Department,
State of Maharashtra, Mantralaya,
Mumbai.
2. The Maharashtra Housing and Area
Development Authority (MHADA),
Through its Chief Officer,
Civil Line, Temple Road,
Rajrani Chowk, Near Aamdar Nivas, ..RESPONDENTS
Nagpur.
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Mr G. K. Mundhada, Advocate for the petitioner
Mr D. P. Thakare, AGP for the respondent No. 1/State
Mr P. S. Tidke, Advocate for respondent No.2
-----------------------------------------------------------------------------------------------
CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ.
DATED : SEPTEMBER 17, 2025.
O R A L J U D G M E N T : (PER : ANIL S. KILOR, J.)
1. Heard.
938.wp.1863.2025 judge.odt
2. RULE. Rule made returnable forthwith. Taken up for
final disposal with the consent of learned counsel for the parties.
3. By the present writ petition, the petitioner is praying
for declaration that the reservations affecting the land owned by the
petitioner having survey No. 285, admeasuring 1600 Sq. Mtr.,
Mouza Datala, Taluka and District Chandrapur is affected by the
Reservation No. 93 for primary school have lapsed under Section
127 of the Maharashtra Regional and Town Planning Act, 1966 (for
short 'the MRTP Act') and the petitioner is free to develop the land
owned by them in the manner permissible to adjacent land as per
Regional Development Plan of Chandrapur-Ballarpur region.
4. It is further prayed to issue direction to respondents to
notify and publish in the official gazette notification under section
127(2) of the MRTP Act and declare that the reservations affecting
the land owned by the petitioner, as stated herein above, have lapsed
within stipulated period.
938.wp.1863.2025 judge.odt
The facts in brief are as under:
5. That the Petitioner is the Private Limited Company
operated through its director who are owner of land bearing survey
No.285 of area admeasuring 1600.00 Sq. Mts., Mauza Datala, Tq.
& Dist. Chandrapur.
6. The respondent No.1 on 29.12.1988 appointed
respondent No.2 as the "Special Planning Authority" under
Section 40(1)(b) of MRTP Act vide notification No.TPS-
2284/1823/C.R.105/UD-9.
7. As per the said notification, the respondent No.2 has to
undertake planned and orderly development of notified area of new
Chandrapur. The Regional Development Plan of Chandrapur-
Ballarpur Region was published by the Urban Development
Department, Government of Maharashtra in which the said land
was affected by the reservation of primary schools vide reservation
No.93.
938.wp.1863.2025 judge.odt
8. However, as 10 years has been lapsed, the development
plan came into force, the notice under Section 127 of MRTP Act
was issued by the petitioner to the respondent No.2 which was
served personally in the office of the respondent No.2 on
21.06.2021.
9. By the said notice along with 7/12 extract & patwari
map, respondents were called upon to acquire the said land within
statutory period of twenty-four months. The Statutory period of
twenty-four months under Section 127 of the MRTP Act has been
lapsed after receipt of purchase notice under said provision.
10. The notification under Section 126 (2) & (4) of the
MRTP Act read with Section 19 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 is not issued and published, hence
petitioner has filed this petition.
938.wp.1863.2025 judge.odt
11. The respondent No.2 who is Special Planning
Authority under Section 40(1)(b) of the MRTP Act filed the reply
and para 10 of the said reply reads thus:
"10. Special Planning Authority received notice from
the petitioner under section 127 of M.R & T.P Act. No
reply given to petitioner notice. As compensation
amount requested by the Special Planning Authority,
Chandrapur not yet received from the MHADA. No
development made as per sanctioned plan. The land
reserved for primary school (Reservation No. 93), land
remain as it is till date."
12. In the similar matter, this Court (Coram : Bharati
Dangre and Abhay J. Mantri, JJ.) in Writ Petition No. 1983 of 2024
(Nine Star Multiservices Pvt. Ltd. .v/s. The State of Maharashtra
and another) vide judgment dated 25.09.2024 allowed the petition
and while doing so recorded the following observations:
"8. It is apparent that the petitioner is the owner of
the lands in question. Vide notification dated
30/06/1998, respondent No.1 sanctioned and reserved
the pieces of the lands for the Shopping Centre,
Cultural Center & Library, and Primary School vide
reservations Nos.68, 69 and 70, respectively. However,
till December 2022, respondent No.2 failed to acquire
the said lands. Therefore, the petitioner issued a
purchase notice to respondent No.2 on 01/01/2021,
938.wp.1863.2025 judge.odt
which was served on them. Despite service of the said
notice, respondent No.2 failed to comply with the same
or acquire the pieces of the lands in question. It is
pertinent to note that respondent No.2 has not disputed
the above facts. However, it is averred that due to the
non-receipt of funds from the government, MHADA
could not acquire the lands, or it was unable to initiate
the acquisition proceedings within the statutory period.
The averment shows that respondent No.2 failed to
comply with the notice."
13. In that view of the matter, it is evident that despite the
service of purchase notice under Section 127 of the MRTP Act,
respondent No.2 failed to comply with the said notice or acquire
the lands in question.
14. On the contrary, it appears that the respondent No.2 is
unable to initiate appropriate proceeding due to the fact that
respondent No. 2 has not received compensation amount from the
The Maharashtra Housing and Area Development Authority
(MHADA). In the circumstances we are of the opinion that the
present petition needs to be allowed.
15. Accordingly, the petition is allowed in terms of prayer
clause (A) and (B), which read thus:
938.wp.1863.2025 judge.odt
(A) Declare that the reservations affecting the land
owned by Petitioner having survey no. 285 of area
admeasuring 1600.00 sq. mts. Mauja Datala Tq. &
Dist. Chandrapur is affected by the reservation no. 93
for primary school have lapsed under Sec. 127 of the
Maharashtra Regional and Town planning Act, 1966
and that the Petitioner is free to develop the land
owned by them in the manner permissible to adjacent
land as per Regional Development Plan of
Chandrapur-Ballarpur Region.
(B) Direct the respondents to notify and publish in the
official Gazette notification under Sec. 127 sub-Section
(2) and declare that the reservations affecting the land
owned by Petitioner having survey no. 285 of area
admeasuring 1600.00 sq. mts. Mauja Datala Tq. &
Dist. Chandrapur is affected by the reservation no. 93
for primary school have lapsed within eight weeks or
the period as may be specified by this Hon'ble Court."
Rule made absolute in the above terms. No order as to
costs. Pending applications, if any, also stand disposed of.
[RAJNISH R. VYAS, J] [ANIL S. KILOR, J.]
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 18/09/2025 14:51:50
