Reservation lapses under Section 127 MRTP Act if no acquisition steps within six months of valid purchase notice, upheld even if composite and receipt confirmed by authority's actions and RTI despite denial.

JUDGMENT (PER M. S. KARNIK, J.) :

1. Heard learned counsel for the parties. Since common issues are involved in these petitions, the same are disposed of by this common order. For convenience, facts of Writ Petition No. 2227 of 2010 are referred.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks the following substantive reliefs.

“a) This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order and/or direction in the nature of Writ of Mandamus thereby directing the Respondents herein to forthwith stop and cancel all the process and steps being taken by them for acquisition of land admeasuring 1 Hectare 60 Ares from Survey No.40/1 and admeasuring 37 Ares from Survey No.39/1 of Village Karvenagar, earlier known as Hingane (Budruk of District Pune under the provisions of Maharashtra Regional & Town Planning Act, 1966 r/w provisions of Land Acquisition Act, 1894.

b) That this Hon'ble Court may be pleased to hold and declare that the reservation for High School numbered as HS-15 in the sanctioned revised final Development Plan of the Pune Municipal Corporation, which has been published on 5.1.1987 in respect of area admeasuring 1 Hectare and 60 Ares of land from Survey No.40/1 and admeasuring 37 Ares from Survey No.39/1 of Village Karvenagar, earlier known as Hingane (Budruk) of District Pune has elapsed u/s 127 of Maharashtra Regional & Town Planning Act, 1966 on account of failure of Respondent No.2 Pune Municipal Corporation to take steps for acquisition within six months of the date of service of notice dated 18.9.2001 on 26.9.2001 and be further pleased to hold and declare that the said land is available for use in accordance with the user permissible for the adjoining land namely for residential/commercial purpose, as permissible.

c) That this Hon'ble Court may be pleased to issue a Writ of Certiorari or any other appropriate Writ Order and or direction in the nature of Certiorari thereby quashing and setting aside Resolution No.1593 dated 10.3.2005 passed by the Standing Committee of the Pune Municipal Corporation being Exhibit "F" to this Writ Petition and the order dated 30.7.2007 passed by the Collector, Pune being Exhibit "I" to this Writ Petition.”

3. The subject matter is a plot of land bearing Survey Nos.39/1 and 40/1 of Village Karvenagar earlier known as Hingane (Budruk) admeasuring 37 Ares and 1 Hector 60 Ares respectively. So far as Writ Petition No. 2227 of 2010 is concerned, the petitioner seeks a declaration that the land is free from reservation and the reservation has lapsed in view of the purchase notice issued by the petitioner under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’ for short) on 18/09/2001 and as no steps having been taken towards acquisition thereof within a period of 6 months from the receipt of the said purchase notice. During the pendency of Writ Petition No. 2227 of 2010, the State Government sanctioned the development plan for Pune City in the year 2013 by which the reservation of the petitioner's land was changed from ‘HS-15’ (High School) to ‘PG- 34’ (Playground). This change in reservation has been challenged in Writ Petition No. 5525 of 2016 as it is the case of the petitioner that the same has been carried out after the reservation lapsed in view of the purchase notice.