JUDGMENT :

Y. G. Khobragade, J.

1. Rule. Rule made returnable forthwith. With the consent of both the sides, the matter is heard finally.

2. By the present petition under Article 226 of the Constitution of India, the Petitioner, who is owner of the land bearing Gut No.179 (Hissa No.1+9B/A) old Survey No.759 situated at Sangamner, District Ahmednagar, towards Southern side of Kolhar- Ghoti State Highway and reserved in the final Development Plan of Sangamner Dist. Ahmednagar, prays for declaration about lapsing of reservation in view of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter, referred to as 'the MRTP Act').

3. Mr. A. N. Nagargoje, the learned counsel appearing for petitioner submits that, the Petitioner is the owner of land bearing Gut No.179 (Hissa No.1+9B/A) old Survey No.759 situated at Sangamner, District Ahmednagar, towards Southern side of Kolhar- Ghoti State Highway. On 06.04.2005, the Respondent No.3 Development Authority published a notice and reserved land of the petitioner at Sr. No.85 for Public Health Center. Though the development plan of the Respondent No.3 Municipal Council has been sanctioned prior to 2005 and land of the petitioner has been reserved, the Respondent No.3 has not taken steps for acquisition of the reserved land contemplated under Section 126 of the M.R.T.P. Act. Therefore, on 12.11.2018, the Petitioner issued notice under Section 127 of the M.R.T.P. Act and called upon Respondent no. 3 to declare the land free from reservation.

4. The Petitioner further prayed for permission to develop the land. However, in spite of lapse of 24 months from the date of service of notice, Respondent No.3 failed to acquire the land. On the contrary, on 17.01.2019, the Respondent No. 3 Development Authority issued a notice and directed the petitioner to enter into a private negotiation by offering Transfer of Development Rights (T.D.R.). The Petitioner refused to accept T. D. R.. Thereafter, on 29.05.2019, the Respondent No.3 issued a notice and called upon the Petitioner to remain present at the spot for measurement of land Gut Nos. 179 and 182 through the Dy., Superintendent of Land Record. And though land of the petitioner was duly measured, however, on 06.12.2019, respondent No.3 issued the impugned communication nullifying notice u/s 127 of the M.R.T.P. Act on ground that the petitioner did not attach the map and 7/12 extract of the land, which is illegal, bad in law, hence, prayed for quashing the impugned communication dated 06.12.2019.

5. In support of this submission, the learned Counsel appearing for the Petitioner relied on the following cases:

(i) Order dated 02.01.2023 passed by this Court W.P. No.11370/2021 (Chandrakalabai W/o Mahadev Madne and others Vs. The State of Maharashtra and others);

(ii) Madanlal Zumberlal Nahar and Others Vs. Chief Officer and others – 2022 SCC OnLine Bom 2970;

(iii) Prafulla C. Dave and others Vs. Municipal Commissioner and others - (2015) 11 SCC 90;

(iv) Chhabildas Vs. State of Maharashtra and others - (2018) 2 SCC 784.

6. Per contra, the Respondent No.3 Municipal Council filed affidavit-in-reply and strongly resisted the prayer of the Petitioner for lapsing of reservation in respect of the land on the ground that the notice dated 12.11.2018 was not accompanied with title documents like 7/12 extract, revenue map as well as no title-deed were attached with the notice. Therefore, in absence of title documents, the notice under Section 127 of the M.R.T.P. Act is vitiated.

7. Mr. V. S. Bedre, the learned counsel for Respondent No.3 canvased that after service of notice dated 12.11.2018, the proposal for acquisition of the reserved land was placed before the general body of Respondent No.3. On 20.12.2018, the General Body passed a Resolution No.13 and decided to acquire petitioner’s land by private negotiation. Accordingly, a notice dated 17.01.2019 was issued and the Petitioner was called for private negotiation on 23.01.2019. Accordingly joint m