R.M.Borde, J. –

Heard Mr.S.G.Mundhe, learned Counsel holding for Mr.N.R.Katneshwarkar, advocate for the petitioner, Mr.B.A.Darak, learned Counsel for Respondent No.1 and Mr.S.P.Daund, learned A.G.P. for Respondents No.2 to 6.

Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The petitioner, in this petition, claims that the reservation, allotment or designation made by the planning authority in respect of land S.No.253 situate at Kinwat, belonging to the petitioner, is deemed to have been lapsed by operation of provisions of Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (for short, referred to as ‘MRTP Act’). The petitioner also contends that in spite of issuing notice under Section 49 (7) of the MRTP Act, land of the petitioner has not yet been acquired and as such the said land becomes available to the petitioner for the purpose of development in accordance with the rules and regulations as in the case of adjacent land.

3. The petitioner claims that he is owner of S.No.253 situate at Kinwat. It is contended that an area to the extent of 85 ares has already been taken in possession by the Municipal Council on 12.06.1998 itself without initiating proceedings as required under the Land Acquisition Act. So far as other part of said land survey number is concerned, an area to the extent of 1 hectare 42 ares is earmarked for water supply scheme, being Reservation Site No.38, whereas an area to the extent of 1 hectare 35 ares has been earmarked for Cultural Centre & Library, being Reservation Site No.39 and an area to the extent of 1 hectare has been earmarked for vegetable market and shopping complex, being Reservation Site No.40. It is contended that though the development plan was sanctioned in the year 1976 itself, no steps for acquisition of the land were taken. The petitioner, as such, issued notice as contemplated under Section 127 of the MRTP Act on 24.03.1999. In spite of issuing notice, steps for acquisition were not taken by the planning authority. The petitioner, therefore, again transmitted a notice on 30.07.2002, as contemplated under Section 49 (7) of the Act to the Chief Secretary, Urban Development Department, Mantralaya, Mumbai, requesting the concerned authority to purchase the land of the petitioner, otherwise release the same from reservation prescribed under the relevant plan. The notice was received by the Chief Secretary and after considering the same, notice was confirmed on 22.01.2003 in respect of reservation site nos.36, 38, 39 and 40.

4. It is the case of the petitioner that the planning authority thereafter forwarded a proposal for acquisition of the land. It appears that the Land Acquisition Officer determined the tentative valuation of the property and issued communication to the planning authority on 28.09.2004 to deposit an amount to the tune of Rs.1,45,00,000/-, being 2/3rd amount of compensation in respect of acquired land. The Municipal Council has expressed its inability to deposit the amount with the Land Acquisition Officer and as such the land could not be acquired. The petitioner again waited for a year and was expecting that steps would be taken by the acquiring body for completing the land acquisition proceedings. The petitioner again issued a notice on 21.03.2005 as contemplated under Section 49(7) of the MRTP Act and requested the planning authority and State Government to pay compensation or to release the property. It is contended in the notice that the petitioner on earlier occasion issued notice as contemplated under Section 127 of the MRTP Act on 24.03.1999, however, no steps were taken for acquiring the property within the stipulated period of six months and as such, the subject lands are deemed to have been deleted from the acquisition. In spite of lapsing of such reservation, the petitioner issued another notice under Section 49 of the