IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7635 OF 2016 WITH INTERIM APPLICATION NO.4179 OF 2021 WITH INTERIM APPLICATION NO.4180 OF 2021 Shri. Rafiq Ahmed Saeed Qureshi through POA Saeed Ahmed Abdul Hamid Qureshi .. Petitioner/Applicant v/s.

The Malegaon Municipal Corporaiton & Ors. .. Respondents Mr. Pramod N. Joshi a/w Mr. Pratik Rahade, Ms. Rukhmini Khairnar, for the petitioner/Applicant.

Mr. Rahul S. Kate, for respondent No.1 – Malegaon Municipal Corporation.

Mr. A. I. Patel – Addl G.P. a/w Mr. A. A. Alaspurkar – AGP for Respondents – State.

CORAM : R.D. DHANUKA &

KAMAL KHATA, JJ.

DATED : 16TH SEPTEMBER, 2022.

1/17 ORAL JUDGMENT (PER R. D. DHANUKA, J.)

1. Rule. Learned counsel for the respondents waive service.

The petitioner has filed this writ petition under Article 226 of the Constitution of India inter alia praying for a declaration that reservation of Site No.275, in respect of Primary School and Play Ground in a land belonging to the petitioner being Survey No.109/2B situated at Malegaon, District Nashik, stands lapsed and Respondent No.1 be directed to treat the same as lapsed.

2. The petitioner also seeks a declaration that the letter dated

27th January 2015, issued by the respondent No.1 is barred by limitation and to be quashed and set aside. In prayer clause (c), the petitioner seeks an order and direction against the respondent No.1 to pay the amount of compensation alongwith the statutory benefits of interest etc. in respect of an area of 1800 sq.mtrs. of the land belonging to the petitioner, which is being utilized by respondent No.1 for D.P. Road.

3. Interim Application No.4179 of 2021 is filed by the petitioner inter alia praying for an interim relief and seeking an order and direction against the respondent No.1 to protect the land of the petitioner from being misutilized and/or to take steps to remove temporary encroachment.

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4. Interim application No.4180 of 2021 is filed praying for an order and direction against the respondent No.1 to take immediate steps to finalize the amount of compensation in respect of the area acquired and has been in their possession for the purpose of D. P. Road and pay the same to the petitioner under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act of 2013”).

5. Some of the relevant facts for the purpose of deciding the writ petition are as under:

It is the case of the petitioner that he owns land admeasuring 5800 sq. mtrs., bearing Survey No.109/2B, which was shown to be reserved in the second revised development plan of Malegaon Municipal Corporation by way of Site No.275 for Primary School and Play Ground.

6. On 10th September, 2012, the petitioner sent a purchase notice under Section 49 of the Maharashtra Regional Town Planning Act, 1966 (for short “the MRTP Act”) calling upon the State Government to confirm the said notice. On 5th March, 2013 the State Government, confirmed the said purchase notice by sending an intimation to that effect to the petitioner. In the said

3/17 letter, the State Government directed the Municipal Corporation to complete the acquisition proceedings of the said land within a period of one year i.e. on or before 4th March, 2014. The said direction was issued under Section 49 (7) of the MRTP Act.

7. It is the case of the petitioner that the respondent No.1 –

Corporation however did not take any steps pursuant to the said letter of confirmation of the purchase notice as directed by the State Government on 5th March, 2013 within a period of one year i.e. on or before 4th March 2014 and thus the reservation of the said land should stand lapsed.

8. On 2nd January, 2014 and 17th July, 2014, the petitioner made representations to the respondents. On 23rd July 2014, Town Planning Department of the Municipal Corporation intimated the petitioner that the purchase notice had already been confirmed and that all the necessary correspond