2023:BHC-AS:13616-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1093 OF 2017

1. Sadashiv Tryambak Rajebahadur Age- 77 years, Occupation – Agriculture & Business

2. Chandrakant Tryambak Rajebahadur Age- 75 years, Occupation – Agriculture & Business

3. Nishikant Tryambak Rajebahadur Age- 73 years, Occupation – Agriculture & Business

4. Madhusudan Tryambak Rajebahadur Age- 68 years, Occupation – Agriculture & Business Petitioners 1 to 4 are residing at ‘Naroshankar’, 199, M. G. Road, Above Shree Samarth Sahakari Bank, Nashik 422 001 …Petitioners Versus

1. State of Maharashtra through Principal Secretary, Urban Development Department, Mantralaya, Mumbai

2. The Commissioner, Nasik Municipal Corporation having his Office at Rajeev Gandhi Bhavan, Sharnapur Road, Nashik 3. The Assistant Director of Town Planning, having his Office at Rajeev Gandhi Bhavan, Sharnapur Road, Nashik

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4. The Municipal Secretary, Nasik Municipal Corporation having his office at Rajeev Gandhi Bhavan, Sharnapur Road, Nashik

5. The Collector, Collector Office, Old Agra Road, Nashik 422 002 …Respondents …

Mr. Shrishailya S. Deshmukh for the petitioners.

Mrs. M. P. Thakur AGP for State/Respondent nos.1, 3 and 5.

Mr. Vaibhav Patanakar i/by Patankar & Associates for respondent nos.2 and 4.

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CORAM : G. S. KULKARNI AND KAMAL KHATA, JJ.

RESERVED ON : 21ST APRIL 2023.

PRONOUNCED ON : 04TH MAY 2023.

J U D G M E N T [PER: KAMAL KHATA, J.]

1. Rule. Rule made returnable forthwith. Mr. Patankar waives service for respondent Nos.2 and 4. Mrs. Thakur, waives service for respondent Nos.1, 3 and 5.

2. By this Petition under Article 226 of the Constitution, the Petitioner seeks a Writ of Mandamus to declare that the Reservation No. 485 on Final Plot No. 131/1 and 131/2 in City Survey No. 352 & 352A has lapsed and consequently stand

2/10 released from reservation since no steps have been taken by the concerned authorities for more than twenty years either for purchase or for acquisition of land under the Maharashtra Regional and Town Planning Act, 1966 (“the MRTP Act”) and within a period of 12 months from the date of Purchase notice dated 8^th July 2015 as contemplated under the Act.

BRIEF FACTS:

3. The Petitioners are owners and in possession of the land bearing CTS No. 352 & 352 A, Final Plot No. 131/1, 131/2 I TPS-1 [Final], (bearing Reservation No. 485 “Parking”) admeasuring 800 sq. meters (referred to as “the Plot” for short) situated within the jurisdiction of Nashik Municipal Corporation. It is stated that though the Plot was reserved for public parking since 1996 no steps were taken for its acquisition. On 8^th July 2015, the Petitioners issued a Purchase notice under section 127 of the MRTP Act to acquire the plot on payment of compensation as per “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”. In its response to such notice dated 24^th July 2015 the Respondent-Municipal Corporation stated that the period would only commence upon submission of the Petitioners documents. Correspondence ensued between the Petitioners and the Municipal Corporation regarding production of documents of title by the

3/10 Petitioners. On 12^th July 2016 the Petitioners intimated the Respondent Nos.2, 4 and 5 that the reservation had lapsed by operation of law namely the provisions of Section 127 of the MRTP Act, since the steps as contemplated under the act were not taken by the Respondents. The Petitioners contend that by an application under the Right to Information Act 2005, the Petitioners discovered that the proposal for the land acquisition bearing Land Acquisition Proposal Case No. 3 of 2000 was pending before the Dy. Collector (Land Acquisition) No.2 for measurement of the Plot. Being aggrieved by the Respondents’ action purporting to continue the reservation on the Petitioner’s Plot, the Petitioners have filed this Petition on 25th October 2016.

4. The Respondent No.1 in their reply affidavit cont