Failure to acquire land within the statutory period leads to lapsing of reservation, and fresh reservations cannot negate accrued rights of landowners.

JUDGMENT :

Kamal Khata, J.

1) Rule made returnable forthwith. By consent of parties, the Petition is heard finally.

2) Heard Mr. Shrishailya Deshmukh for the Petitioners; Mr. M.L. Patil for Respondent No.1 and Ms. M.P. Thakur, AGP for Respondent Nos.2 to 4. Perused entire record produced before us.

3) By this Writ Petition under Article 226 of the Constitution of India, Petitioners seek a declaration that, their land bearing Survey No.7A (part) Hissa No. 4A, village Chehedi Budruk (writ land) situated within the jurisdiction of Nashik Municipal Corporation (‘NMC’) be released from reservation in the final development plan. Additionally, they seek a declaration that the fresh reservation No.473 and 474 upon the writ land that is notified on 9^th January 2017 is illegal in view of the purchase notice duly served on 3^rd March 2014, and a direction to the State Government to issue a notification, in terms of Section 127 (2) of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’) within a period of 3 months, to declare lapsing of reservation on the writ land and to permit the Petitioners to develop their land in accordance with law.

BRIEF FACTS:

4) The Petitioners are residents of Nasik and are the owners of agricultural land bearing Survey No.7/A/4/A admeasuring around 78 gunthas situated at village Chehedi Budruk, within the jurisdiction of Nasik Municipal Corporation (NMC). The development plan for Nasik City was sanctioned by the Urban Development Department in 4 parts and published on 28^th June 1993, 19^th August 1994, 15^th May 1995 and 19^th February 1996 respectively. The Petitioner’s land measuring 16,000 sq. mtrs. is shown as reserved for public purpose, namely “High School and Primary School” having reservation No.143. The Petitioners sent the purchase Notice on 3^rd March 2014 under Section 127 of the MRTP Act to the Respondents on the failure of NMC to acquire the land for more than two decades (statute mandates 10 years). The Assistant Director of Town Planning (‘ADTP’) of NMC acknowledged the receipt of the Notice served by the Petitioners and called upon them to submit documents showing their ownership to the property, map of the property and other documents including measurement sheet issued by the Superintendent of Land Records. The letter also mentioned that, if the Petitioners were ready to hand over the area under reservation to the Corporation then they would be entitled to TDR and for that the agreement will be executed. By the letter dated 11^th April 2014, the Petitioners informed the Estate Officer of NMC that, they were not agreeable to accept TDR as compensation for their reserved land.

5) Upon the expiry of the statutory period of 12 months from the service of purchase Notice, on 3^rd March 2015 the Petitioners informed the Respondents that, the reservation upon the land had lapsed and they were entitled to develop their land in accordance with law. In response to the Petitioners letter dated 3^rd March 2015 the NMC through the Estate Officer on 10^th April 2015, addressed a letter stating that, the proposal for land acquisition in respect of the Petitioners land is submitted to the Office of the Collector on 22^nd December 2014 and was pending decision. Later, on 27^th May 2015, the ADTP, Nashik by his letter informed the Petitioners that the Petitioners proposal as per their intimation letter dated 3^rd March 2015 for land acquisition is rejected by the Collector, Nashik. The Petitioners were informed that, the land acquisition proposal, submitted by the NMC for acquisition of the Petitioners’ land was sent back on 17^th April 2015 to the NMC for compliance. The Petitioners once again addressed reminders to the NMC and the other Respondents on 25^th March 2015, 21^st April 2023 and 23^rd May 2023 intimating them that, since no steps were taken pursuant to the purchase Notice issued by them under Section 127, the reservation had lapsed and demanded the land be released. These letters demanded issuance of necessa