Failure of the appropriate authority to acquire land within one year of confirming a purchase notice results in the lapse of reservation, allowing the landowner to develop the property.

JUDGMENT :

A.S. GADKARI, J.

1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the parties heard finally.

2) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for a writ of certiorari or any other appropriate writ, Order or direction for quashing and setting aside the impugned communication dated 8^th December 2022 issued by the Respondent No. 3, thereby returning the proposal of the Petitioner for development of his land and further directing him to submit a separate proposal under Chapter 11.1 of U.D.C.P.R. i.e. for ‘Accommodation Reservation’. The Petitioner has also prayed for writ of mandamus or direction in the like nature, thereby directing the Respondent Nos.2 & 3 to forthwith consider the building plans submitted by him and grant sanction in accordance with the law in respect of the landed property of the Petitioner, in view of the confirmation of purchase notice issued by the Petitioner under Section 49 of the Maharashtra Regional and Town Planning Act, 1966 (for short “M.R.T.P. Act”) .

3) Heard Mr. Khairdi, learned counsel for Petitioner, Ms. Thakur, learned A.G.P. for Respondent No.1-State and Mr. Gaikwad, learned counsel for Respondent Nos.2 & 3. Perused entire record produced before us.

4) Brief facts leading to filing of the present Petition :-

4.1) Petitioner is the owner of Survey No. 108, Hissa No.2, admeasuring about 8930 sq.mtrs. situated at village Manda, Titwala, Taluka Kalyan, District Thane (writ property). The subject property of this Petition is the land admeasuring 2769 sq.mtrs., which has been demarcated and reserved for 50 mtrs. wide road and an area admeasuring 2134 sq.mtrs., which has been shown to be reserved for Safai Kamgar Vasahat, as per the Development Plan. The Respondent No. 2 is the Planning Authority and the Respondent No.3 is the Assistant Director of Town Planning working with the Respondent No.2 Corporation.

4.2) In the year 1992, the Kalyan Municipal Corporation limits were enlarged and thereafter it was renamed as ‘Kalyan-Dombivli Municipal Corporation’ and the State appointed it as an independent Planning Authority. The Respondent Nos. 2 & 3 prepared a ‘Development Plan’ for its entire territorial jurisdiction and published it on 5^th December 1996.

4.3) In the said Draft Development Plan, the lands of the Petitioner were shown reserved for ‘Safai Kamgar Vasahat’, as reservation Site No. 58 in Sector No. 7. The Petitioner had submitted his objection to the reservation before the Planning Committee. However, the said Committee did not accept the objections of the Petitioner. The Government of Maharashtra has sanctioned a scheme of ‘Accommodation Reservation’ in the year 1994, which has been revised from time to time. Under the said scheme, certain reservations can be developed by the land owner by developing certain part of the land for the purpose for which the same was reserved and hand it over to the Corporation and develop the remaining part at his own will.

4.4) The Petitioner accordingly submitted a proposal to the Respondent No.2, however the Respondent No.2 vide its communication dated 23^rd July 2014, rejected it. It was informed to the Petitioner by the said communication that, the Petitioner shall surrender the land against T.D.R., otherwise the said land will be acquired under the provisions of the Land Acquisition Act.

4.5) The Petitioner was unable to utilize the land for his own purpose due to the reservation on it. Therefore the Petitioner issued a Purchase Notice dated 2^nd March 2015, as contemplated under Section 49(1) of the M.R.T.P. Act, to the Respondent No.1. In response, the Petitioner received a communication dated 17^th August 2015 from Respondent No.1 calling upon him to attend the hearing on 28^th August 2015.

4.6) By a communication dated 2^nd September 2015, the Urban Development Department of Respondent No.1 confirmed the said Purchase Notice, under Section 49(4) of the M.R.T.P. Act.

4.7) Thoug