Point of Law: Acquisition of Land for development Plan - Possession of Land not taken - Hence proceedings lapsed.

ORDER :

S.J.KATHAWALLA, J.

1. The Petitioner is the owner of land more particularly set out/described hereinafter. Respondent No.1 is the State of Maharashtra, Respondent No.2 is the Director of Town Planning Authority and Respondent No. 3 is the Lonavala Municipal Council.

2. The Petitioner has filed the above Writ Petition inter alia seeking the following reliefs :

“(b) That by an appropriate writ, order and or direction it is declared that the reservation, designation or allotment provided under the development plan and revised development plan of Respondent No. 3 - Lonavala Municipal Council in respect of 390 Sq. Mtrs. Land from Survey No. 21, Hissa 1 B, Lonavala within the jurisdiction of Lonavala Municipal Council is lapsed and said land is available to Petitioner for the purpose of development or otherwise, as is permissible;

(c) That by an appropriate writ, order and or direction it is declared that the said reserved land i.e., 390 Sq. Mtrs. Land from Survey No. 21, Hissa 1 B, Lonavala, within jurisdiction of Lonavala Municipal Council has been de-reserved under the provisions of Maharashtra Regional Town Planning Act as per the purchase notice dated 21.7.2018 for want of valid steps by Lonavala Municipal Council.;”

3. The facts and circumstances giving rise to the present petition are in brief set out hereunder :

4. Under a registered sale deed dated 17th October, 1986, the Petitioner and his brother purchased a plot of land ad-measuring 1945.46 Sq. Mtrs. bearing Survey No. 21, Hissa No. 1B alongwith a bungalow standing thereon, bearing municipal house No. 92, ward - G (‘the said Land’).

5. The development plan of the Lonavala Municipal Council was sanctioned by the Government of Maharashtra vide G.R. No. TPS/1876/940 dated 28th February, 1978.

By the said development plan, 390 Sq. Mtrs. and 204.53 Sq. Mtrs. from and out of the said land came to be reserved for the purpose of Play Ground for Primary School and for the purpose of development plan road, respectively.

Thereafter, the Development Plan underwent revision. However, as per the revised Development Plan sanctioned vide G.R. No. TPS. 1896/751/CR - 82/A/96/UD/dated 29th June, 2005, and which came into force on 27th August, 2005 the above reservations were continued.

6. In the year 2006 the Petitioner and his brother transferred an area of 204. 53 Sq. Mtrs. from their land in favour of Respondent No. 3 - Lonavala Municipal Council by executing a registered deed of transfer dated 31st July, 2006 against grant of FSI. Therefore, the ownership of the Petitioner and his brother was reduced to 1740.95 Sq. Mtrs. from the original holding i.e. 1945.46 Sq. Mtrs.

7. By a release deed dated 30th March, 2009 the brother of the Petitioner released and relinquished his share in the said land ad-measuring 1740.95 Sq. Mtrs. in favour of the Petitioner and the Petitioner became the absolute owner in respect of the said area ad-measuring 1740.95 Sq. Mtrs.

8. Out of his land ad-measuring 1704.93 Sq. Mtrs. the Petitioner by a sale deed dated 10th November, 2009, sold 57.49 Sq. Mtrs. of land to Shri Pradeep Ramkishore Gupta. The Petitioner therefore, on and from 10th November, 2009, till date holds/owns the said land ad-measuring 1683.46 Sq. Mtrs. in place of the original 1945.46 Sq. Mtrs.

9. According to the Petitioner, for the past 40 years i.e. from the year 1978 to 2018, the Respondent No.3 - Lonavala Municipal Council failed to acquire the said land which was kept under reservation for the purpose of Play Ground for Primary School.

10. The Petitioner therefore, issued a purchase notice dated 21st July, 2018 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘the said Act’) to the Respondent No.3 and requested the Respondent No. 3 - Lonavala Municipal Council to take appropriate steps for acquisition of the said land of the Petitioner.

11. After serving the purchase notice on the Respondent No. 3 - Lonavala Municipal Council on 21st July, 2018 under Section 127 of the s