IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2260 OF 2010

1. Madanlal Zumberlal Nahar Age: 62 years, Occu: Business R/o Jalna Road, Tal & Dist: Beed

2. Jawaharlal Zumberlal Nahar Age: 56 years, Occu: & R/o As Above

3. Deelip Zumberlal Nahar Age: 52 years, Occu & R/o As Above .. Petitioners Versus

1. The Chief Officer Municipal council Beed Tal & Dist: Beed

2. The Town Planner Town planning office Oppo. Nagar Parishad Beed

1st Floor, Hotel Kashmir Beed

3. The State of Maharashtra, Through The Deputy Secretary Urban Development Department Mantralaya, Mumbai - 32 4. The Collector Beed Collectorate at Nagar Road, Beed .. Respondents ...

Advocate for Petitioners: Mr. S. S. Bora Advocate for Respondent No.1:

Mr. G. K. Naik Thigale AGP for Respondent/State: Mr. A. R. Kale …

AND …

WRIT PETITION NO.4232 OF 2008

1. Madanlal Zumberlal Nahar Age: 62 years, Occu: Business R/o Jalna Road, Tal & Dist: Beed

2. Jawaharlal Zumberlal Nahar Age: 56 years, Occu: & R/o As Above

3. Deelip Zumberlal Nahar Age: 49 years, Occu & R/o As Above .. Petitioners Versus

1. The Chief Officer Municipal council Beed Tal & Dist: Beed

2. The Town Planner Town planning office Oppo. Nagar Parishad Beed

1st Floor, Hotel Kashmir Beed

3. The Deputy Secretary Urban Development Department Mantralaya, Mumbai - 32 4. The Collector Beed Collectorate at Nagar Road, Beed .. Respondents ...

Advocate for Petitioners: Mr. S. S. Bora Advocate for Respondent No.1:

Mr. G. K. Naik Thigale AGP for Respondent/State: Mr. A. R. Kale …

CORAM: RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

Reserved for Judgment on: 12.09.2022 Judgment Pronounced on: 28.09.2022 JUDGMENT (Per Arun R. Pedneker, J.):

1. Present Writ Petitions are filed for a declaration that the reservation of the Petitioners’ land of 0.74 Hector in District Beed, Maharashtra, for a public purpose under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred as ‘1966 Act’) has lapsed and that the reserved land should be declared free for development.

2. The Petitioners in the Writ Petitions pray for the following reliefs:-

“c. By issuing a writ order of direction under Art. 226 of the constitution of India it be held and declared that, the reservation of the Survey no.87 at Taraf Giram in Beed to the extent of 74 R. owned by the petitioners in the development plan of Municipal council Beed has lapsed and the said land is released from the reservation and the land will be available to the petitioners for development.

d. Pending the hearing and final disposal of the present Writ petition the respondent authorities be restrained for acquiring the land of the petitioner to the extent of 74 R. situated at Taraf Giram, Beed for any development purpose.”

3. Heard Mr. S. S. Bora for the Petitioners, Mr. A. R. Kale, AGP for the Respondent / State and Mr. G. K. Naik Thigale, for the Respondent No.1, Municipal Council, Beed.

4. Facts leading to the filing of Writ Petitions can be summarized as under:-

A. The development plan under the 1966 ACt of District Beed, State of Maharashtra was sanctioned vide Urban Development Department and Public Health Department Notification No. TPS-3373/52859/W-II-(b) dated 23.06.1975 and came into force from 16.08.1975. In the said development plan, the Petitioners land from Survey No.87 Taraf Giram (area of 2 Acres and 11 Gunthas i.e. 0.92 Hectors) was reserved for ‘Post and Telegraph Department’, bearing Site No.17.

B. The development plan of Beed was revised and sanctioned by the State Government through it’s Urban Development Department vide Notification No. TPS-3396/CR-180/96/UD-9 dated 08.09.1997 and came into force with effect from 15.10.1997. Certain portion of the excluded part of the earlier development plan was sanctioned vide Government Notification No. TPS-339/608/Cr-82(A)/99/UD-30, dated 10.05.2001. In the revised development plan (excluded part) dated 10.05.2001, the Petitioners land was reserved for ‘Postal Department Quarter’, as Site No.2 by reducing the area from 0.