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IN THE HIGH COURT OF BOMBAY
AKIL KURESHI, S.J. KATHAWALLA, JJ.
Bombay Salesian Society, Mumbai — Appellant
Versus
State Of Maharashtra – Respondent
Writ Petition No. 5347 of 2018
Decided on : 10-10-2019
Road Transport Corporation Act, 1950 - Section 3 - Maharashtra Regional and Town Planning Act, 1966 - Section 2(19) - Bombay Public Trusts Act, 1950 - Possession of Piece of Land - Plot of land Reserved for City Bus Terminus - Petitioner is owner and in possession of piece of land - Out of said trust property, a plot of land was reserved for City Bus Terminus in Sanctioned Development Plan of Nashik plot was reserved for the benefit of Respondent No.4 - Said Development Plan was sanctioned by Respondent No.1 - Respondent No.2 - Municipal Corporation of Nashik neither acquired the said plot nor took any steps for acquisition of the said plot within 10 years from the date on which the Final Development Plan became operative - Petitioner served a notice as contemplated under Section 127(1) of the MRTP Act (the said Notice) on Respondent No.3 - Municipal Commissioner of Nashik and the Divisional Controller of Respondent No.4 - MSRTC - Held, Court therefore of considered view that notice issued by Petitioner to MSRTC under Section 127 of MRTP Act, is valid and submissions made by Corporation in that regard are rejected - Before we part with the order, we would like to record that though not contended/submitted by any of Respondents, we inquired from Dr.Tulzapurkar whether it is mandatory for owner of land or any person interested therein, to call upon the government to acquire the land reserved in the notice issued under Section 127 (1) of the MRTP Act - Question was asked since in paragraph 34 of the decision of Supreme Court in Bhavnagar University (supra), we noted the statement that in the event notice is issued by owner or other person interested therein, asking authority to acquire land upon expiry of the period specified therein viz. ten years from date of issuance of final development plan and in the event pursuant to or in furtherance thereof no action for acquisition thereof is taken, designation shall lapse - Paragraph 34 of said decision is reproduced hereunder - Relevant provisions of Act are absolutely clear, unambiguous and implicit - A plain meaning of said provisions, in our considered view, would lead to only one conclusion, namely, that in the event a notice is issued by owner of land or other person interested therein asking authority to acquire land upon expiry of the period specified therein viz. ten years from date of issuance of final development plan and in the event pursuant to or in furtherance thereof no action for acquisition thereof is taken, the designation shall lapse - Writ Petition is therefore disposed of
JUDGMENT :
S.J. Kathawalla, J.
The Petitioner - Bombay Salesian Society is a public trust formed and registered under the Bombay Public Trusts Act, 1950 vide Registration No.F903(Bom) dated 20th October, 1961. The Petitioner is carrying out educational and other charitable activities. Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Nashik Municipal Corporation constituted under the Maharashtra Municipal Corporation Act, 1949, and is designated as the 'Planning Authority' under section 2(19) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). Respondent No.3 is the Municipal Commissioner of Nashik Municipal Corporation. Respondent No.4 - Maharashtra State Road Transport Corporation (MSRTC) is incorporated under Section 3 of the Road Transport Corporation Act, 1950, and is designated as the 'Acquiring Authority' under the provisions of the MRTP Act.
2. By the above Writ Petition, the Petitioner has sought the following reliefs :
(b) That this Hon'ble Court be pleased to issue writ of mandamus directing the Respondent no.2 to grant permissions within 1 monthto the Petitioner to develop the Petitioner's plot admeasuring around 5000 sq. mtrs. bearing FP No.454 of Town Planning Scheme-II (Plan), Survey No.713 & 714 of Nashik, as per Plans submitted on 16th March, 2018 in accordance with law by considering the said plot in Residential zone as free from any reservation under Revised Development Plan, 2017."
3. The facts and circumstances giving rise to the present Petition are briefly set out hereunder :-
3.2 Out of the said trust property, a plot of land admeasuring around 5000 sq. mtrs. bearing FP No.454 of TPS (Final), Survey No. 713 & 714 - F.P. No.454-T.P.S.-II, Nashik (the said plot) was reserved for City Bus Terminus in the Sanctioned Development Plan of Nashik, 1993 as site No.321. The said plot was reserved for the benefit of Respondent No.4 - MSRTC (the Acquiring Authority). The said Development Plan was sanctioned by the Respondent No.1 vide No.TPS 1191/35(A) CR-88/UD-9 dated 28th June, 1993.
3.3 The Final Development Plan, 1993 was subsequently modified and sanction thereto was given by the Respondent No.1 vide TPS 1193/2124/CR-126/95/UD-9 dated 19th February, 1996.
3.4 The Respondent No.2 - Municipal Corporation of Nashik neither acquired the said plot nor took any steps for acquisition of the said plot within 10 years from the date on which the Final Development Plan became operative. In view thereof, the Petitioner served a notice dated 30th September, 2013 as contemplated under Section 127(1) of the MRTP Act (the said Notice) on Respondent No.3 - Municipal Commissioner of Nashik and the Divisional Controller of Respondent No.4 - MSRTC.
3.5 The Petitioners have clearly stated in the said Notice that the Reservation No.321 for City Bus Terminus made in the Nashik Development Plan, sanctioned by the Urban Development Department vide No.TPS-1191/35(A) CR-88/UD-9 dated 28th June, 1993 and subs
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