1 WP / 14467 / 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 14467 OF 2021

1] Chatrabhuj Soma Sonawane

Age : 60 years, Occu : Agriculturist,

2] Nitin Daulat Sonawane

Age : 33 years, Occu : Agriculturist & Busi.,

1 & 2 R/o. Opposite Shani Mandir,

R/o. Shani Peth, Jalgaon,

Taluka & District Jalgaon

3] Vinesh Sundarlal Parapyani

Age : 38 years, Occu : Agri. & Business,

R/o. Ganpati Nagar, Jalgaon,

Taluka & District – Jalgaon

4] Satish Bagwandas Jagwani

Age : 58 years, Occu : Agri. & Business,

R/o. 54/55, Adarsha Nagar, Jalgaon

5] Ghanshyam Laxmandas Adawani,

Age : 50 years, Occu : Business,

R/o. Dhake Colony, Jalgaon,

Taluka & District Jalgaon

6] Suresh Tekchand Prathyani,

Age : 41 years, Occu. : Business,

R/o. 81, Ganesh Nagar, Jalgaon,

Taluka & District Jalgaon

7] Omkumar Sundarlal Parapyani

Age : 29 years, Occu. : Agri. & Business,

R/o. Ganpati Nagar, Jalgaon,

Taluka & District Jalgaon

8] Dyandev Shridhar Kale

Age : 71 years, Occu.: Agriculturist,

R/o. 527, Vitthal Peth, Jalgaon,

Taluka & District Jalgaon

.. Petitioners

Versus

1] The State of Maharashtra,

Through Secretary,

2 WP / 14467 / 2021

Urban Development Department,

Mantralaya, Mumbai

2] The District Collector,

Jalgaon, Taluka & District Jalgaon

3] Assistant Director,

Town Planning Department, Jalgaon

4] Jalgaon City Municipal Corporation,

Through its Commissioner,

Jalgaon City Municipal Corporation,

Jalgaon, Taluka & District Jalgaon

5] The Executive Engineer,

Waghur Dam Project,

Jalgaon, Taluka & District Jalgaon

.. Respondents

...

Advocate for petitioner : Mr. S.P. Brahme h/f. Mr. S.H. Tripathi

AGP for the respondent – State : Mr. K.N. Lokhande

Advocate for the respondent no. 4 : Mr. V.D. Gunale

Advocate for respondent no. 5 : Mr. Chetan T. Jadhav

...

CORAM

: MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

DATE

: 6 SEPTEMBER 2022

ORDER (MANGESH S. PATIL, J.) :

Rule. Rule is made returnable forthwith. Learned AGP

waives service for the respondents nos. 1 to 3. Mr. Gunale waives

service for respondent no. 4 – Municipal Corporation and

Mr. A.D. Pawar waives service for respondent no. 5. At the joint

request of the parties, matter is heard finally at the stage of admission.

3 WP / 14467 / 2021

2.

The petitioners are seeking a declaration regarding

de-reservation as contempated under section 127 of the Maharashtra

Regional and Town Planning Act, 1966 (MRTP Act).

3.

The petitioners are the owners of the writ properties being

land survey no. 318/2 admeasuring 1 Hectare 67 Are and survey

no.318/1#3B/2 admeasuring 76 Are of Jalgaon town. The development

plan of Jalgaon (additional area) was sanctioned on 11-02-2002 and

came into effect from 07-04-2002. The development plan (excluded

part) was sanctioned on 10-08-2004 which came into force on

01-10-2004. The writ property was put under reservation in the

development plan for Waghur canal and 18 M wide service road for

canal. The respondent no. 4 is the Jalgaon Municipal Corporation

whereas respondent no. 5 is the Executive Engineer of the Waghur

Dam Project and is stated to be the appropriate authority under section

2(3) of the MRTP Act. Since no effective steps for acquisition of the

writ property were taken within the statutory period, a notice under

section 127 of the MRTP Act was issued to the respondent no. 5 on

01-02-2019. However, subsequently, the respondent no. 5 due to

change in the alignment of the canal, dec