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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 13668 OF 2019

1.

Pravin Alim Sayyed,

Age 40 years, Occu: Household

... Petitioners

2.

Alim Yusufsab Sayyed

Agd 52 years, Occu: Agri.

Both r/o Sanskruti Nagar,

Opp. Rukmini Mangal Karyalaya,

Latur, Tq. & Dist. Latur

VERSUS

1.

The State of Maharashtra,

Through the Secretary

Department of Urban Development,

Mantralaya, Mumbai

2.

The Assistant Director of Town Planning,

Municipal Corporation Latur,

District Latur.

3.

The Latur Municipal Corporation, Latur

Through its Commissioner

... Respondents

Mr. D.S. Mali, Advocate for the petitioners,

Mrs. V. N. Patil-Jadhav, AGP for respondent No. 1-State

Mr. H. V. Patil, Advocate for respondent No. 3-Corporation

CORAM

: MANGESH S. PATIL &

Y. G. KHOBRAGADE, JJ.

DATE

: 29.11.2022

JUDGMENT ( Per Y. G. Khobragade, J.):

1.

We have heard learned counsel for both sides.

2.

Rule, made returnable forthwith. With the consent of both the

sides, the matter is heard finally at the stage of admission.

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3.

By the present petition under Article 226 and 227 of the

Constitution of India, the petitioners, who are owners of land which is

reserved in the final development plan of Latur Municipal Corporation,

pray for declaration regarding lapsing of reservation in view of section

127 of the Maharashtra Regional and Town Planning Act, 1966

( hereinafter, '

the MRTP Act'

)

4.

Facts in brief are that the petitioners are owners of land bearing

survey No. 91 to the extent of 3 Hectare, situated at village Khadgaon Tq.

and Dist. Latur, within the limits of Latur Municipal Corporation, Latur.

The said land is ancestral property of the petitioners having mutation

entry in the name of the petitioners in the revenue record. The

development plan of the Corporation for Latur City was published on

02.01.2002. Under the development plan, out of Survey No.91, the land

to the extent of 1 H 50 Are is reserved for high school & playground and 1

H 50 R Are for playground as site Nos. 203 and 204 respectively. Though

land of the petitioners was reserved under the development plan published

on 02.01.2002 which came into force with effect from 18.02.2002, but no

steps have been initiated by the planning authority for acquisition of the

said property for more than 10 years, therefore, the petitioners issued a

notice dated 09.10.2017 under section 127 of the MRTP Act

approximately after 16 years but in spite of service of notice, no effective

steps have been taken by the Municipal Corporation for acquisition of the

said land within a period of 24 months of service of the notice. However,

the respondent No. 3-Corporation vide notice dated 18.12.2017

communicated the petitioners that certified copy of the draft development

plan, measurement map are not submitted alongwith the notice and that

it will take appropriate steps on receipt of the same. The petitioners

replied the said notice on 20.12.2017, contending that certified copy of the

draft development plan, measurement map are already in the office of

respondent No.3, however, the respondent No.3 again insisted for the same

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and failed to take any step for acquisition. Therefore, the petitioners pray

for de-reservation of land under Section 127 of the MRTP Act. Hence this

petition.

5.

Mr. D.S. Mali, learned counsel for the petitioners submits that

revised draft development plan of Latur City was prepared by the

Corporation and the said development plan was published vide notification

dated 02.01.2002, under which the ancestral land of the petitioners is

reserved for high school & playground and playground as sit