The court held that a reservation under the MRTP Act lapses if the authority fails to acquire the land within ten years, as mandated by Section 127.

JUDGMENT :

(A.S. GADKARI, J.) :

1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties, the Petition is taken up for final hearing.

2) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India, for a writ of mandamus, for direction to declare that, the Notice dated 20^th January, 2020 (Exh-“B”) and revised Notice dated 6^th March, 2020 (Exh-“C”) issued by the Petitioner to Respondent No.1 under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (“MRTP Act”), to be legal and valid and reservation on the property of the Petitioner bearing Gat No. 51, H. No. 2/2/2, area H.R 0- 55, Assessment 1/06, situated at Yashawant Nagar, Vita, Taluka Khanapur, District Sangli, having reservation No.136, (“suit land” ) has lapsed by operation of law and for other consequential reliefs.

3) Heard Mr. Sandesh Patil learned Advocate for the Petitioner, Mr. Nandu Pawar learned Advocate for the Respondent No.1 and Ms. Rupali Shinde, AGP for the Respondent Nos.2 and 3. Perused entire record.

4) Brief facts:-

(i) Mr. Newandram M. Budhwani i.e. the father of Petitioner, owns landed property bearing Gat No. 51, Hissa No. 2/2/2, area H.R 0-55, Assessment 1/06 situated at Yashawant Nagar, Vita, Taluka Khanapur, District Sangli having reservation No.136. The said property is in actual physical possession of the Petitioner.

(ii) The draft development plan of Vita Municipal Council was prepared under the provisions of MRTP Act and firstly came into effect in the year 1986. In the said plan, reservation for ‘Garden’ bearing No.136 was put up on the property of the Petitioner. The said reservation continued since the year 1986 and therefore the Petitioner could not use the said land as per his choice.

(iii) The residents of Survey No.51 made a representation to the Vita Municipal Council to delete the reservation from the said land to the extent of the houses constructed and occupied in the suit property i.e. reservation No.136 for ‘Garden’ on the area admeasuring 40 ares on survey No.51 and survey No.45.

(iv) In its Special meeting dated 7^th October, 2013, the elected representatives of Municipal Council passed unanimous resolution bearing No.113 dated 7^th October, 2013 for deletion of reservation from reserved Survey No.51 and to forward its said proposal for minor modification in the development plan to the concerned Authority.

(v) Petitioner sent notice dated 25^th September, 2012 to the Respondent No.1 under Section 127 of the MRTP Act calling upon the Respondent No.1 either to purchase the suit land under the reservation or in the alternative to de-reserve it. Respondent No.1 did not reply to the said notice.

(vi) Therefore, Petitioner filed Writ Petition No.1964 of 2014 before this Court. In the reply to the Petition, the Respondent No.1 pointed out that, the draft amendment plan was sanctioned on 31^st August, 2009 and it had came into force from 30^th October, 2009. It was the misconception of the Petitioner that, the land described in his notice was not affected by any reservation or designation and therefore this Court noted that, there was no reason to entertain the said Petition. It was also noted that, the development plan of the Respondent No.1 was brought into force on 30^th October, 2009 and therefore the Notice dated 25^th September, 2012, under Section 127 of the MRTP Act could not have been issued. This Court therefore disposed off the said Petition, by Order dated 21^st January, 2015.

(vii) The period of 10 years as contemplated under Section 127 of the MRTP Act expired on 30^th October, 2019. In the said period of 10 years, the Respondent No.1 did not acquire the suit land of the Petitioner which was reserved for ‘garden’ under the reservation No.136 or even took any effective steps to acquire the same since the date i.e. 30^th October, 2009, it came into force.

(viii) Petitioner therefore issued a notice dated 20^th January, 2020 under Section 127 of MRTP