2022:BHC-AS:3825-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3024 OF 2021 Jawahar Hiralal Mehta through his ) … Petitioner.

Regd. Power of Attorney Holder / ) Development Agreement dt. 25.08.1997 ) holder Mr. Majid A. Kadar Shaikh ) Age-76 years, Occu. Business, ) R/o. 62, Railway Lines, Solapur- 01. )

V/s.

1. The State of Maharashtra through )

the Principal Secretary, Urban ) Development Department, ) Government of Maharashtra, ) Mantralaya, Mumbai – 400032. )

)

2. The Solapur Municipal Corporation, )

Indrabhuvan, Solapur-413 001, )

through its Municipal Commissioner )… Respondents.

---

Mr. Ramdas P. Sabban, Advocate a/with Shrikanth Kompelli &

Arundhati Sabban for the Petitioner.

Mrs. A. A.Purav, AGP for the State-Respondent No.1.

Mr. Anand Kulkarni, Advocate for Respondent No.2.

---

CORAM : A.A.SAYED & S.G.DIGE, JJ.

DATE : 24 FEBRUARY 2022 (THROUGH V.C.)

JUDGMENT : (Per S. G. DIGE, J.)

1 Rule, returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2 By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a declaration that the reservation of the Petitioner’s land under the development Plant of Solapur for 1997-

2017 for the Elevated Service Reservoir (ESR) purposes under the reservation no. 16/6 - admeasuring 1543 sq.mtrs., situated at Survey No. 27/3 (part), Nehrunagar, Bijapur Road, Solapur, (for short “the said land”) has lapsed. Petitioner also prays for direction to the Respondents to forthwith notify the lapsing of reservation of lands in the Official Gazette as required under section 127(2) of the Maharashtra Regional & Town Planning Act, 1966 (for short, the “MRTP Act”) with further direction to the Respondent No.2-Municipal Corporation to grant the necessary development permission to the Petitioner, being the owner of the land, for the purpose of development as otherwise, permissible in the case of adjacent land under the Plan.

3 The Government of Maharashtra (Respondent No.1) vide its Notification dated 28^th October, 2004 (Exhibit “A” to the Petition) sanctioned Development Plan for Solapur for 1997-2017 which was brought into effect from 15^th December, 2004. The Development Plan was submitted to the Government for its approval by the Solapur Municipal Corporation (Respondent No.2, which is the Planning Authority) on 5-03-2002. Under the above Development Plan, the said land of the Petitioner was reserved for Elevated Service Reservoir (ESR) purpose.

4 According to the Petitioner, he initially gave purchase Notice dated 29^th August, 2002 under sections 49 of the MRTP Act to the Respondents which was confirmed by the Government vide order dated 05^th March, 2003, however, the land was not acquired within 18 months as provided under Section 49 of the Act. Thereafter, again a purchase notice dated 16^th July, 2018 was given under section 127 of the MRTP Act to Respondents. The petitioner had filed Writ Petition No. 12448 of 2018 for land acquisition. The said Petition was disposed of on the ground that the Petition was premature as the section 127 purchase notice was dated 16^th July, 2018 and the said Petition was filed within 2 years.

5 Petitioner’s land was reserved on 15^th December, 2004. After a period of 10 years of reservation, on 16^th July, 2018 the Petitioner gave the purchase notice under Section 127 of the MRTP Act to the Respondents, which was received by the Respondent No.2 Corporation on 21^st July, 2018. Vide letter 8^th August, 2018, the Municipal Corporation asked the Petitioner to submit more documents and accept TDR to which the Petitioner replied by letter dated 18^th August, 2018 and also submitted the property card extract, municipal lay out plan, 7/12 extracts, copy of reservation zone certificate, coloured part plan, approved copy of plan, measurement etc. and stated that he is not interested in TDR and steps may be taken to acquire the property under the Act of 2013. After receipt of said purchase notice,