2022:BHC-AS:3825-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2932 OF 2021 Mr. Appasaheb Gurusiddhappa Lakshetti ) … Petitioner.

Age-76 years, Occu. Retired, R/o. 116- ) West Mangalwar Peth, Budhale Galli, ) Solapur – 413002. )

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.

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

Arundhati Sabban for the Petitioner.

Mr. Y. D. Patil, AGP for the State-Respondent No.1. Mr. Anand Kulkarni, Advocate for Respondent No.2.

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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 Plan of Solapur for 1997- 2007 for the Garden purpose and under the reservation no. E.P. (Exclusion Plan) 87 (12/9) South part, admeasuring 2353 sq. mtrs., situated at New Survey No. 526/2A, (old Survey No.497) village Kasabe Solapur,Tal.North Solapur, Dist.Solapur (for short “the said land”) has lapsed. Petitioner also prays for a 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 and 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 EP for the said land of the Petitioner came into force with effect from 15^th November 2008. The Development Plan was submitted to the Government for its approval by the Solapur Municipal Corporation (Respondent No.2, which is the Planning Authority). Under the above Development Plan, the said land of the Petitioner was reserved for Garden.

4 According to the Petitioner, he initially gave purchase Notice dated 26^th October, 2018 under sections 49 and 127 of the MRTP Act to the Respondents but the purchase notice given under Section 49 was rejected by the Government- Respondent No. 1 by order dated 13^th March, 2019, stating that the market value of the land is not affected due to reservation and that the E.P. for said land of the Petitioner came into force with effect from 15^th November, 2008.

5 Petitioner’s land was reserved on 15.11.2008. After a period of 10 years of reservation, on 25^th March, 2019 the Petitioner gave a fresh purchase notice under Section 127 of the MRTP Act to the Respondents 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.. After the receipt of said purchase notice, no steps have been taken within the period of 24 months, as contemplated under sub-section (1) of Section 127 of the MRTP Act.

6 Learned Counsel for Petitioner contended that the said land of the Petitioner is reserved for garden purpose for more than ten years, however, neither the said land has been acquired by agreement or by publication of a declaration as contemplated under the provisions of section 126 of the MRTP Act. The notice for purchase was given by the Petitioners to the Respondents as contemplated under section 127 of MRTP Act, however, no steps are taken t