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HIGH COURT OF BOMBAY
APPASAHEB GURUSIDDHAPPA LAKSHETTI – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANR – Respondent
WP 2932/2021
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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.
---
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.
---
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.
Borey
1/15
SHALIKRAM
PRALHADRAO
BOREY
Digitally signed by
SHALIKRAM
PRALHADRAO
BOREY
Date: 2022.03.02
17:15:59 +0530
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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 28th October, 2004 (Exhibit “A” to the Petition)
sanctioned Development Plan for Solapur for 1997-2017 which was
brought into effect from 15th December, 2004. The EP for the said
land of the Petitioner came into force with effect from 15th 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.
Borey
2/15
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4
According to the Petitioner, he initially gave purchase Notice
dated 26th 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 13th
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 15th November, 2008.
5
Petitioner’s land was reserved on 15.11.2008. After a period of
10 years of reservation, on 25th 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
