JUDGMENT :

M.W. CHANDWANI, J.

Rule. Rule made returnable forthwith. Heard finally by consent.

2. The petition seeks to invoke the deeming fiction of lapsing of reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “MRTP Act”).

3. The land in question has been reserved for children's play park under reservation no.8/31 by respondent no.3 in development plan (hereinafter referred to as “D.P. Plan”) published on 15.12.2004. The petitioner purchased the said land vide Sale Deed dated 30.12.2012. Since, for a period of more than 10 years, respondent no.3 did not take any step for acquisition of the petitioner’s land, the petitioner served a notice dated 21.02.2018 under Section 127 of the MRTP Act to the respondent no.3 for purchase of petitioner’s land covered under the reservation for children's play park. Respondent no. 3 did not respond to the said purchase notice. After waiting for a period of more than 2½ years, the petitioner issued another notice on 17.11.2020, asking respondent no.1 for notifying lapsing of reservation due to non-acquisition of the land by respondent no.3 for the purpose of development of children's play park within 24 months after the receipt of purchase notice issued by the petitioner. No steps were taken by any of the respondents, therefore, the present petition came to be filed.

4. We have heard learned Counsel Mr. Godbole appearing for the petitioner and learned Counsel for respondent no.3 Mr. Kumbhkoni. We have perused the record. The deeming fiction of lapsing reservation is contained in Section 127 of MRTP Act.

5. A bare reading of Section 127 of the MRTP Act makes it clear that reservation would lapse in case acquisition is not completed within ten years from the date on which a final regional plan or final development plan comes into force or if declaration under sub-section (2) or (4) of Section 126 is not published in the Official Gazette within such period, the owner or any person interested in the land may serve notice for purchase on the Planning Authority, Development Authority, or as the case may be to the appropriate authority; and if within twenty four months from the date of the service of such notice, the land is not acquired or no steps are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development, as otherwise permissible in the case of adjacent land at the relevant time.

6. Learned Counsel Mr. Kumbhakoni appearing on behalf of respondent no.3 submits that the petitioner did not annex the documents showing his title and interest in the land in question. He vehemently submits that if the documents showing title and interest of the petitioner in the said land have not been served on the Planning Authority along with purchase notice, the said notice will be vitiated. According to him, mandatory compliance mentioned in Section 127 of the MRTP Act i.e. submitting of documents showing title and interest in the land in question along with purchase notice, has not been complied by the petitioner, therefore, purchase notice dated 21.02.2018 issued by the petitioner is not a valid notice.

7. No doubt, Section 127 of the MRTP Act contemplates serving of document of title and interest in the property along with notice to the Planning Authority or Development Authority or Competent Authority, as the case may be. Object and purpose of supplying the copy showing the title and interest of the person is that the Corporation must know whether the person issuing notice has valid title or interest in the property or not, in case of acquisition of property. Another object appears to be that the Corporation must prima facie be satisfied that the notice served was by the owner of the affected land or a person interested in the land. Though