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HIGH COURT OF BOMBAY
JAWAHAR HIRALAL MEHTA THROUGH HIS REGD. POWER OF ATTORNEY – Appellant
Versus
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND ANR – Respondent
WP 3024/2021
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27WP3024-2021.odt
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-
Borey
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SHALIKRAM
PRALHADRAO
BOREY
Digitally signed
by SHALIKRAM
PRALHADRAO
BOREY
Date:
2022.03.02
15:55:17
+0530
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27WP3024-2021.odt
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 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 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 29th August, 2002 under sections 49 of the MRTP Act to the
Respondents which was confirmed by the Government vide order
dated 05th 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 16th July, 2018 was given under section 127 of
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27WP3024-2021.odt
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 16th July, 2018 and the said
Petition was filed within 2 years.
5
Petitioner’s land was reserved on 15th December, 2004. After
a period of 10 years of reservation, on 16th 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 21st July, 2018. Vide lett
