The main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes are taken within 24 months from the date of notice given by the owner, the reservation lapses.

JUDGMENT :

R.N.Laddha, J.

Rule. Rule is made returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

2. By this petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a direction to the Respondents to confirm the lapsing of reservation and release of their land under the provisions of Section 127 of the Maharashtra Regional Town Planning Act, 1966 (for short ‘MRTP Act, 1966’).

3. The petitioners claim to be the owners of land bearing Gat No.2330 (new Gat Nos.1344/1 and 1344/2), admeasuring 23 H. 45 R, situated within the limits of the Wagholi Grampanchayat at village Wagholi, Taluka-Haveli, District-Pune. It is the case of the petitioners that they received a letter dated 31.07.1999 from the office of respondent no.11-the Assistant Director of Town Planning, Pune, stating that as per the State Government’s notification issued by the Town Planning department dated 25.11.1997 bearing TPS/1895/227/Pr.Kr.26/95/NV-13, a Town Planning scheme has been sanctioned for the area of entire Pune district and came into force w.e.f. 10.2.1998. As per the said Town Planning scheme, the reservation was enforced by the respondents for the construction of the proposed road of (i) 60 meters in the direction of West to East on the Pune Nagar road ; (ii) 30 meters – in the direction of West to East, and (iii) 24 meters – in the direction of South -West to East in respect of portion about an area of 23675 sq. meters, which are forming part and parcel of land, bearing Gat No. 2330.

4. It is the grievance of the petitioners that the respondents to date did not publish any notification under the provisions of the relevant sections, i.e. Sections 4 and 6 of the Land Acquisition Act, 1894, for the acquisition of the portion of the said petitioners’ land. The petitioners complained that the aforesaid reservations upon the said lands have neither been pursued nor acted upon over the last 25 years, and no steps of acquisition of land under reservation have been ever taken.

5. It is the grievance of the petitioners that instead of initiating acquisition proceedings with due process of law, the respondents have trespassed over the portion of 78 gunthas of area out of the petitioners land and constructed a road over it. Aggrieved thereby, the petitioners have filed a Regular Civil Suit No.2114 of 2003 in the Court of Civil Judge, Senior Division, Pune, against the State of Maharashtra and others for possession. On 26.7.2007, the aforesaid civil suit was decreed. As against this, the State of Maharashtra preferred an appeal bearing no. 623 of 2007 before the learned District Judge, Pune. The learned District Judge, on 13.4.2009, was pleased to allow the said appeal and set aside the judgment and decree passed by the learned civil Judge, Senior Division, Pune. After that, the petitioners, by filing a second appeal no.250 of 2009, approached this Court to challenge the propriety, legality and validity of the judgment and decree passed in appeal no.623 of 2007. This Court was pleased to admit the Second Appeal No.250 of 2009, and the same is pending for hearing and final disposal.

6. Further, it is the case of the petitioners that during the pendency of the proceedings of Regular Civil Suit No.2114 of 2003, the Special Land Acquisition Officer, by his letter dated 24.3.2005 addressed to the Petitioner No.1, had informed that there is no proposal for acquisition of the land for widening of the road in respect of Gat No.2330/1 and 2330/2 corresponding to new Gat No.1344/1 and 1344/2 and further informed that the request of Petitioner No.1 for getting necessary documents in respect of the acquisition of 78 R land could not be provided. The Special Land Acquisition Officer, by his another letter dated 3.2.2005 addressed to District Government Pleader Pune, has informed that the land bearing Gat No.2330/1 and 2330/2 have not been acquired. It is further stated in the letter that the District Government