The court held that failure of the Planning Authority to take effective steps for land acquisition within the statutory period results in the lapsing of the reservation under the MRTP Act.

JUDGMENT ::

A.S. GADKARI, J.

1. By this Petition under Article 226 of the Constitution of India, the Petitioners have prayed for writ of mandamus or any other writ or Order or direction in the nature of mandamus thereby declaring that the Reservation Nos. 11/53 and 11/54 imposed on the property of Petitioners bearing Gat No. 105/2+3 situated at Village Bale, Taluka North Solapur, District Solapur (for short, “suit property”) and within the limits of Solapur Municipal Corporation has lapsed, as contemplated under the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, “MRTP Act”) and for a direction to the Respondent No.1, State, to publish a Notification under Section 127 (2) of the MRTP Act, notifying that, the Reservation Nos. 11/53 and 11/54 on the said suit property has lapsed.

2. Heard Mr. Salgar, learned Advocate for Petitioners, Mr. Alaspurkar, learned A.G.P. for Respondent Nos. 1 & 3 – State and Mr. Kumbhakoni, learned Advocate for Respondent No. 2 - Corporation. Perused entire record.

3. Shorn of unnecessary details, the brief facts giving rise to the present Petition can be summarized as under :-

3.1 The Petitioners are owners of a piece or parcel of land bearing Survey No. 105/2+3, admeasuring approximately 44,300 sq.mtrs., situated at Village Bale, Taluka North Solapur, District Solapur and within the territorial jurisdiction of Solapur Municipal Corporation i.e. the Respondent No.2 herein. The suit property was an agricultural land, initially situated outside the municipal limits of Respondent No.2. The municipal limits of Respondent No.2 were subsequently increased and the suit property is incorporated into the municipal limits of Respondent No.2.

3.2 The Respondent No.2 is the Planning Authority, as defined under Section 2(19) of the MRTP Act. The Respondent No.2 being the Planning Authority published a Notice for Development Plan on 23^rd March 1999 under Section 26 of the MRTP Act, whereby the portion of the suit property was shown reserved for the purpose of primary school and high school being Reservation Nos. 11/53 and 11/54 respectively.

3.3 The Petitioners were intending to develop suit property and therefore filed an application with the Respondent No.2 under Section 44 of the MRTP Act seeking the development permission and submitted the proposed layout plan. The Respondent No.2 accordingly granted development permission to the Petitioners of the suit property, as contemplated under Section 45 of the MRTP Act, by imposing various conditions, as more specifically stated in the said development permission.

3.4 The Petitioners thereafter on 30^th March 2000 filed an application with the District Collector of Solapur seeking permission to convert the suit property for non agricultural use, as it was one of the conditions imposed by the Respondent No.2 in the said development permission. The Collector of Solapur by its Order dated 6^th June 2000 granted permission to the Petitioners to use the suit land for the purpose of non agricultural use of 43627.25 sq.mtrs for residential purpose and 672.75 sq.mtrs. for commercial purpose.

3.5 The Respondent No.1 published a Notification dated 28^th October 2004 as contemplated under Section 31 of the MRTP Act and sanctioned the Draft Development Plan for the City of Solapur for the years 1997 to 2017. The said Development Plan was brought into effect from 15^th December 2004 including the reservation on the suit property, as mentioned therein.

3.6 On an application filed by the Petitioners with the Respondent No.2 to issue a Zone C