IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 10618 OF 2022

1. Babubhai Shankarlal Mehta ]

Age : 65 yrs., Occ. : Business ]

2. Giridharilal Shankarlal Mehta ]

Age : 68 yrs., Occ. : Business ]

3. Gulabidevi Babubhai Mehta ]

Age : 61 yrs., Occ. : Housewife ]

4. Nandadevi Mahavirkumar Mehta ]

Age : 55 yrs., Occ. : Housewife ]

5. Mehulkumar Khateshi Savla ]

Age : 65 yrs., Occ. : Business ]

6. Vimaladevi Ashokkumar Mehta ]

Age : 57 yrs., Occ. : Housewife ]

7. Shaileshkumar Khateshi Savla ]

Age : 61 yrs., Occ. : Business ]

8. Hulasidevi Giridharlal Mehta ]

Age : 65 yrs., Occ. : Housewife ] All having address of 79, Nakoda ] Group Office, Jodbhavi Peth, ]

Solapur – 413 001. ] … Petitioners V/s.

1. State of Maharashtra ]

Through Chief Secretary, ] Urban Development Department, ] Mantralaya, Fort, Mumbai – 52. ]

2. Solapur Municipal Corporation, ]

Through its Commissioner ] Indra Bhuvan, Railway Lines, ] Solapur – 413 001. ]

3. The Assistant Director of Town Planning, ]

1^st Floor, Above ICICI Bank, Park Chowk, ]

Solapur – 413 001. ] ...Respondents _______________________________________

Mr. Pradeep Salgar for Petitioners.

Mr. A.A. Alaspurkar, A.G.P. for Respondent Nos.1 & 3-State.

Mr. Samir Kumbhakoni a/w. Ms. Anjali Shaw & Mr. Chaitanya Joshi for Respondent No.2.

_______________________________________

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

RESERVED ON : 10^th February 2025.

PRONOUNCED ON : 24th February 2025. J UDGMENT ( P er : A. S. G ADKARI, J. ) :-

1) By this Petition under Article 226 of the Constitution of India, the Petitioners have prayed for writ of mandamus or any other writ or Order or direction in the nature of mandamus thereby declaring that the Reservation Nos. 11/53 and 11/54 imposed on the property of Petitioners bearing Gat No. 105/2+3 situated at Village Bale, Taluka North Solapur, District Solapur (for short, “suit property”) and within the limits of Solapur Municipal Corporation has lapsed, as contemplated under the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, “MRTP Act”) and for a direction to the Respondent No.1, State, to publish a Notification under Section 127(2) of the MRTP Act, notifying that, the Reservation Nos. 11/53 and 11/54 on the said suit property has lapsed.

2) Heard Mr. Salgar, learned Advocate for Petitioners, Mr. Alaspurkar, learned A.G.P. for Respondent Nos. 1 & 3 – State and Mr. Kumbhakoni, learned Advocate for Respondent No. 2 - Corporation. Perused entire record.

3) Shorn of unnecessary details, the brief facts giving rise to the present Petition can be summarized as under :-

3.1) The Petitioners are owners of a piece or parcel of land bearing Survey No. 105/2+3, admeasuring approximately 44,300 sq.mtrs., situated at Village Bale, Taluka North Solapur, District Solapur and within the territorial jurisdiction of Solapur Municipal Corporation i.e. the Respondent No.2 herein. The suit property was an agricultural land, initially situated outside the municipal limits of Respondent No.2. The municipal limits of Respondent No.2 were subsequently increased and the suit property is incorporated into the municipal limits of Respondent No.2.

3.2) The Respondent No.2 is the Planning Authority, as defined under Section 2(19) of the MRTP Act. The Respondent No.2 being the Planning Authority published a Notice for Development Plan on 23^rd March 1999 under Section 26 of the MRTP Act, whereby the portion of the suit property was shown reserved for the purpose of primary school and high school being Reservation Nos. 11/53 and 11/54 respectively.

3.3) The Petitioners were intending to develop suit property and therefore filed an application with the Respondent No.2 under Section 44 of the MRTP Act seeking the development permission and submitted the proposed layout plan. The Respondent No.2 accordingly granted development permission to the Petitioners of the suit property, as contemplated under Section 45 of the MRTP Act, by imposing various con