2022:BHC-AS:5110-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2574 OF 2021 Saurabh R. Shah Age : 29 Years, Occu.: Business, Residing at : 905/906, Yashwant Heights Apt., above Union Bank, Bhaji Galli, Opp. Vijay Vihar High School, Virar (W), Dist. : Palghar – 401 303. … Petitioner Versus

1. The Urban Development and Town Planning Department, Through the Principal Secretary Having Office at Mantralaya Mumbai – 400 032.

2. Vasai Virar Municipal Corportion Having its office at Virar (East), Tal. : Vasai, Dist. : Palghar.

3. Town Planning Department, Vasai Virar Municipal Corporation, Virar (East), Tal. : Vasai, Dist. : Palghr. … Respondents -------

Mr. S.M.Gorwadkar, Sr.Counsel i/b Mr.Sainand V. Chaugule for the Petitioner.

Mrs.Swati Sagvekar for the Respondents No. 2 and 3.

Mr.Y.D.Patil, AGP for the Respondent State.

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CORAM : A. A. SAYED AND ABHAY AHUJA, JJ.

RESERVED ON : 2ND MARCH 2022 PRONOUNCED ON : 9TH MARCH 2022 JUDGMENT : (Per Abhay Ahuja, J.)

1. Rule. Rule returnable forthwith. By consent of Counsel for the parties heard finally.

2. By this Petition filed under Article 226 of the Constitution of India, Petitioners are seeking a declaration from this Court that the reservation made on the land owned by the Petitioner on Survey No.198, Hissa No.3/2, situate at village – Sandor, Bhabola Road, Taluka : Vasai, District : Palghar (the “said land”) within the limits of Vasai Virar Sub-Region, reserved for water bodies/20 meter water channel and 20 & 30 meters D.P.Road has lapsed and therefore, the said land be released from the reservation in accordance with the provisions under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (the “MRTP Act”).

3. It is the case of Petitioner that the development plan for Vasai Virar was sanctioned on 9^th February 2007. The said land along with structure standing thereon was purchased by Petitioner vide a deed of conveyance dated 6^th September 2014. After the issuance of the Notification dated 9th February 2007, the Respondents No.1 to 3 had not taken any steps under the provisions of Sections 126 and 127 of the MRTP Act for acquisition of the said land. The Petitioner therefore vide purchase notice dated 18^th April 2017 under Section 127 of the MRTP Act, requested the Respondents No.2 and 3 to acquire the said land by paying appropriate compensation within a period of 24 months failing which, the said reservation shall be deemed to have lapsed. The said period of twenty four months from the date of purchase notice ended on 17^th April 2019. It is an admitted position that no proceedings have been taken by the Respondents for acquisition of the said land.

4. It is submitted on behalf of Petitioner that however, pursuant to notices dated 24^th December 2019, 3^rd March 2020 and 4^th May 2020, by Respondent No.2 alleging that there was reservation of 20 meter water channel on the said land, on 5^th June 2020, the Respondent No.1 demolished the compound wall of Petitioner and started digging work for the proposed water channel without acquiring the said land. It is submitted that after the digging work for the water channel was completed, the Respondent No.1 left the site without constructing the compound wall and or covering the water channel with RCC cover / slab. It is apprehended that if the digging work still continues even without acquiring the said land, the Respondents will dispossess Petitioner from his own property without even acquiring the said land and without paying the compensation. It is, under these circumstances, that the Petitioner has filed this Petition essentially seeking the following reliefs :-

“b. That this Hon’ble Court be pleased to issue a writ or any appropriate writ, order or direction in the nature of writ thereby declaring that the land bearing survey no 198, Hissa No 3/2, situated at Village Sandor, Bhabola Road, Tal : Vasai, District Palghar reserved for development of 20 Mtr Water Channel sanctioned through the