The main legal point established in the judgment is that the reservation of land can lapse under section 127 of the MRTP Act if the acquiring body does not take any steps within the prescribed time. Additionally, there cannot be compulsion on the part of the owner to accept TDR in lieu of compensation.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Learned A.G.P. waives service for respondent nos. 1 to 3. Learned counsel waives service for the respondent no. 4. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the reservation in respect of the property viz. Reservation No. 12/33 (Mela Ground) of the petitioner has lapsed under the provisions of section 127 of the Maharashtra Regional And Town Planning Act, 1966 (for short the said MRTP Act). The petitioner has also prayed for a writ of certiorari for quashing and setting aside the letter dated 23rd February, 2018 addressed by the Joint In Charge Assistant, Joint Director of Town Planning Solapur, Municipal Corporation Solapur, letter dated 30th July, 2020 addressed by the Joint Director of Town Planning, Pune Region, Pune to the Director of Town Planning and letter dated 9th September, 2020 addressed to the petitioner by Assistant Director of Town Planning, Solapur Municipal Corporation, Solapur. Some of the relevant facts for the purpose of deciding this petition are as under.

3. The petitioner is the owner of the land bearing survey no. 40/1/A out of which the land admeasuring 0.52 hectors (approximately) from survey no. 40 (Part), Shelgi is reserved as Reservation site No. 12/33 Mela Ground. The respondent no. 4 Corporation is an appropriate authority for the acquisition and the development of the said reserved site. The Development Plan of Solapur Municipal Corporation was finally sanctioned on 28th October, 2004 showing the said reservation of the said portion of the said land as Mela Ground.

4. On 9th February, 2018, one Jagdishchandra Mallikarjun Patil, the petitioner brother issued a notice under section 127 of the MRTP Act to the respondents for acquiring the said property. On 23rd February, 2018, the Joint Director of Town Planning addressed a letter to Jagdishchandra Mallikarjun Patil the petitioner brother imposing four conditions.

5. On 13th March, 2019 and 25th April, 2019, the petitioner addressed letters to the Commissioner, Town Planning seeking clarification about the area under reservation. In or around July 2019, the Commissioner, Solapur Municipal Corporation addressed a letter to the Director, Town Planning whereby the Municipal Corporation accepted that the area under the Reservation No. 12/33 is not the entire 1 hectare but was only 0.52 R.

6. On 7th August, 2019, the Commissioner, Solapur Municipal Corporation sought guidance from the Director of Town Planning, Maharashtra State, Pune in respect of the said area and the said reservation. The Director of Town Planning, Maharashtra State vide letter dated 3rd February, 2021 replied to the Commissioner, Solapur Municipal Corporation that the area of the said reservation was to be considered and was not required to be corrected under Drafting Error.

7. On 30th July, 2020, the Joint Director of Town Planning submitted a report to the Director of Town Planning. After considering the said report of the Director of the Town Planning, Maharashtra State, Pune, the Commissioner issued a notification for acquiring the said land. Since no steps have been taken by the respondents to acquire the said land within a period of one year from the date of service of notice under section 127(1) served upon the respondents by the petitioner, the petitioner has filed this petition for various reliefs.

8. Mr. Anturkar, learned senior counsel for the petitioner invited our attention to various documents annexed to the petition and submitted that the petitioner had issued a notice under section 127(1) of the MRTP Act upon the respondents to acquire the said land. He submits that the so called steps taken by the respondents after expiry of the period of one year would not prevent the declaration of the reservation as lapsed.

9. By an order dated 24th November, 2021, the petitioner was granted liberty to file an additional affidavit. On 7th D