Point of Law: Land in question had lapsed by operation of Section 127 of MRTP Act and land has become available to Petitioner to be used as permissible in law.

JUDGMENT :

ABHAY AHUJA, J.

1. Rule. Rule returnable forthwith. By consent of Counsel for the parties heard finally.

2. By this Petition filed under Article 226 of the Constitution of India, Petitioners are seeking a declaration from this Court that the reservation made on the land owned by the Petitioner on Survey No. 198, Hissa No. 3/2, situate at Village-Sandor, Bhabola Road, Taluka Vasai, District Palghar (the “said land”) within the limits of Vasai Virar Sub-Region, reserved for water bodies/20 meter water channel and 20 and 30 meters D.P. Road has lapsed and therefore, the said land be released from the reservation in accordance with the provisions under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (the “MRTP Act”).

3. It is the case of Petitioner that the development plan for Vasai Virar was sanctioned on 9th February 2007. The said land along with structure standing thereon was purchased by Petitioner vide a deed of conveyance dated 6th September 2014. After the issuance of the Notification dated 9th February 2007, the Respondents No. 1 to 3 had not taken any steps under the provisions of Sections 126 and 127 of the MRTP Act for acquisition of the said land. The Petitioner therefore vide purchase notice dated 18th April 2017 under Section 127 of the MRTP Act, requested the Respondents No. 2 and 3 to acquire the said land by paying appropriate compensation within a period of 24 months failing which, the said reservation shall be deemed to have lapsed. The said period of twenty four months from the date of purchase notice ended on 17th April 2019. It is an admitted position that no proceedings have been taken by the Respondents for acquisition of the said land.

4. It is submitted on behalf of Petitioner that however, pursuant to notices dated 24th December 2019, 3rd March 2020 and 4th May 2020, by Respondent No. 2 alleging that there was reservation of 20 meter water channel on the said land, on 5th June 2020, the Respondent No. 1 demolished the compound wall of Petitioner and started digging work for the proposed water channel without acquiring the said land. It is submitted that after the digging work for the water channel was completed, the Respondent No. 1 left the site without constructing the compound wall and or covering the water channel with RCC cover/slab. It is apprehended that if the digging work still continues even without acquiring the said land, the Respondents will dispossess Petitioner from his own property without even acquiring the said land and without paying the compensation. It is, under these circumstances, that the Petitioner has filed this Petition essentially seeking the following reliefs:

“(b) That this Hon’ble Court be pleased to issue a writ or any appropriate writ, order or direction in the nature of writ thereby declaring that the land bearing survey no 198, Hissa No. 3/2, situated at Village Sandor, Bhabola Road, Tal. Vasai, District Palghar reserved for development of 20 Mtr Water Channel sanctioned through the notification dated 9th February, 2007 has been lapsed and released from the said reservation as per the provisions of the Section 127 of the MRTP Act.

(c) That this Hon’ble Court be pleased to issue a writ of mandamus thereby directing the Respondents to forthwith notify the lapsing of the said reservation in respect of the said land by issuing appropriate notification in the official gazette.”

5. Mr. Gorwadkar, learned Senior Counsel submits on behalf of Petitioner that the aforesaid notices by Respondent No. 2 are post the twenty four months period from the issuance of the purchase notice which ended on 17th April 2019. He submits that the Collector had neither taken any steps under Section 6 of the Land Acquisition Act nor under Section 19 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 nor any notification has been issued thereunder to acquire the said land. He draws the attention of this Court to Se