The main legal point established in the judgment is the interpretation of the requirements for a valid notice under Section 127 of the MRTP Act, emphasizing the submission of documents showing the title or interest in the land and the consequences of a valid notice.

A.S. Oka, J.

1. Notice for final disposal was issued on 4th March, 2014. Facts of both the Petitions are more or less identical and, therefore, we are making a reference to the facts of the case in Writ Petition No.9492 of 2013. The Petitioner therein is claiming to be the owner of the land bearing Survey No.23/3A of village Dasak, Nashik within the limits of the Nashik Municipal Corporation. The total area of the said survey number is 5377 sq. meters. The development plan for the City of Nashik was sanctioned on 28th June, 1993 which came into force on 16th November, 1993. As per the said development plan, Survey No.23/3A (for short "the said land") was reserved under Reservation No.133 for Road, Primary School and Secondary School.

2. A notice dated 25th October, 2010 was served by the Advocate for the Petitioner to the Municipal Corporation purporting to be a notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act"). The Municipal Corporation which is the planning authority was called upon to acquire the said land within six months from the date of service of notice. A copy of 7/12 extract and a copy of the development plan were annexed to the said notice. On 1st December, 2010, the Estate Manager of the Nashik Municipal Corporation called upon the Petitioner to produce 7/12 extract for the current year along with 6D extract. Various other documents such as a return filed under the Urban Land (Ceiling and Regulation) Act, 1976 (for short "the ULC Act") and a certificate of the Competent Authority under the ULC Act that the said land was outside the limits of the urban agglomeration were also demanded. The Petitioner was also called upon to produce a certified copy of the map drawn by the Taluka Inspector of Land Records. The Petitioner was called upon to produce the sanctioned lay-out, if any. It appears that on the basis of the said notice, on 8th February, 2011, the Nashik Municipal Corporation submitted a proposal to the District Collector to acquire the said land. Admittedly, within a period of 12 months from the date of service of the aforesaid notice dated 25th October, 2010, the notification/declaration either under Sub-Section (2) or Sub-Section (4) of Section 126 of the MRTP Act read with Section 6 of the Land Acquisition Act, 1894 was not issued.

2A. There is no dispute before us that if the notice dated 25th October, 2010 is held to be valid and legal notice under Section 127 of the MRTP Act, consequences provided in Sub-Section (1) of Section 127 would follow and the Reservation on the land in question will stand lapsed.

3. The objection to the legality and validity of the said notice by the learned counsel appearing for the Municipal Corporation is that the documents of title were not produced along with the notice. His submission is that an authentic map showing boundaries of the said land was also not produced. His submission is that unless the said map is produced, it is not possible for the Municipal Corporation to establish the identity of the reserved plot. He submits that the notice itself is not legal and valid. It is urged that the notice is required to be strictly construed considering the drastic consequences provided under Section 127.

4. We have given careful consideration to the said objection. Sub-section (1) of Section 127 of the MRTP Act reads thus :

"127. Lapsing of Reservation.- (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