The main legal point established in the judgment is that the legislative intent behind the MRTP Act is to expeditiously acquire reserved land and safeguard the rights of landowners against arbitrary executive action. The court emphasized the importance of strict compliance with the prescribed timeframes for land acquisition and the lapsing of reservations.

JUDGMENT :

S. G. Dige, J.

1. Rule, returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2. By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a declaration that the reservation of the Petitioner’s land under the development Plant of Solapur for 1997-2017 for the Elevated Service Reservoir (ESR) purposes under the reservation no. 16/6 - admeasuring 1543 sq.mtrs., situated at Survey No. 27/3 (part), Nehrunagar, Bijapur Road, Solapur, (for short “the said land”) has lapsed. Petitioner also prays for direction to the Respondents to forthwith notify the lapsing of reservation of lands in the Official Gazette as required under section 127(2) of the Maharashtra Regional & Town Planning Act, 1966 (for short, the “MRTP Act”) with further direction to the Respondent No.2-Municipal Corporation to grant the necessary development permission to the Petitioner, being the owner of the land, for the purpose of development as otherwise, permissible in the case of adjacent land under the Plan.

3. The Government of Maharashtra (Respondent No.1) vide its Notification dated 28th October, 2004 (Exhibit “A” to the Petition) sanctioned Development Plan for Solapur for 1997-2017 which was brought into effect from 15th December, 2004. The Development Plan was submitted to the Government for its approval by the Solapur Municipal Corporation (Respondent No.2, which is the Planning Authority) on 5-03-2002. Under the above Development Plan, the said land of the Petitioner was reserved for Elevated Service Reservoir (ESR) purpose.

4. According to the Petitioner, he initially gave purchase Notice dated 29th August, 2002 under sections 49 of the MRTP Act to the Respondents which was confirmed by the Government vide order dated 05th March, 2003, however, the land was not acquired within 18 months as provided under Section 49 of the Act. Thereafter, again a purchase notice dated 16th July, 2018 was given under section 127 of the MRTP Act to Respondents. The petitioner had filed Writ Petition No. 12448 of 2018 for land acquisition. The said Petition was disposed of on the ground that the Petition was premature as the section 127 purchase notice was dated 16th July, 2018 and the said Petition was filed within 2 years.

5. Petitioner’s land was reserved on 15th December, 2004. After a period of 10 years of reservation, on 16th July, 2018 the Petitioner gave the purchase notice under Section 127 of the MRTP Act to the Respondents, which was received by the Respondent No.2 Corporation on 21st July, 2018. Vide letter 8th August, 2018, the Municipal Corporation asked the Petitioner to submit more documents and accept TDR to which the Petitioner replied by letter dated 18th August, 2018 and also submitted the property card extract, municipal lay out plan, 7/12 extracts, copy of reservation zone certificate, coloured part plan, approved copy of plan, measurement etc. and stated that he is not interested in TDR and steps may be taken to acquire the property under the Act of 2013. After receipt of said purchase notice, no steps have been taken within 24 months by the Respondents, as contemplated under sub-section (1) of Section 127 of the MRTP Act.

6. Learned Counsel for the Petitioner contended that the said land of the Petitioner is reserved for Elevated Service Reservoir (ESR) purpose for more than ten years, however, neither the said land has been acquired by agreement or by publication of a declaration as contemplated under the provisions of section 126 of the MRTP Act. The notice for purchase is given by the Petitioners to the Respondents as contemplated under section 127, however, no steps are taken to acquire the said land within a period of 24 months from the date of service of such notice. Even after the purchase notice, the communication of the Respondent No.2-Corporation dated 08.08.2018 was replied to by the Petitioner vide letter dated 18.08.2018, informing that the Petitioner did not require