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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 13636 OF 2019

Sow. Rukminbai Raosaheb Salunke,

Age Major, Occu: Household,

R/o Raghvendra Colony, Near Siddhi

Vinayak Mandir, Old Ausa Road,

Latur, Tq. & Dist. Latur

... Petitioner

VERSUS

1.

The State of Maharashtra,

Through the Secretary

Department of Urban Development,

Mantralaya, Mumbai

2.

The Assistant Director of Town Planning,

Municipal Corporation Latur,

District Latur.

3.

The Latur Municipal Corporation, Latur

Through its Commissioner

... Respondents

Mr. D.S. Mali, Advocate for the petitioner,

Mrs. V. N. Patil-Jadhav, AGP for respondent No. 1-State

Mr. H. V. Patil, Advocate for respondent No. 3-Corporation

CORAM

: MANGESH S. PATIL &

Y. G. KHOBRAGADE, JJ.

DATE

: 29.11.2022

JUDGMENT ( Per Y. G. Khobragade, J.):

1.

We have heard learned counsel for both sides.

2.

Rule, made returnable forthwith. With the consent of both the

sides, the matter is heard finally at the stage of admission.

3.

By the present petition under Article 226 and 227 of the

Constitution of India, the petitioner, who is owner of land which is

reserved in the final development plan of Latur Municipal Corporation, has

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prays for declaration regarding lapsing of reservation in view of section

127 of the Maharashtra Regional and Town Planning Act, 1966

( hereinafter, '

the MRTP Act'

)

4.

Facts in brief are that the petitioner is owner of land bearing

survey Nos. 92, 89 and 86 situated at village Khadgaon Tq. and Dist.

Latur, within the limits of Latur Municipal Corporation, Latur. The said

lands are ancestral properties of the petitioner having mutation entry No.

10945 in the name of the petitioner in the revenue record. The

development plan of the Corporation for Latur City was published on

02.01.2002. Under the development plan, out of Survey No.92, the land

to the extent of 2 Hectare 25 Are is reserved for housing for dis-housed,

out of Survey No. 89, land to the extent of 60 R is reserved for primary

school & playground and 85 Are for playground and out of land survey

No. 86, land to the extent of 1 Hectare 65 Are is reserved for playground

and 65 Are for primary school & Playground as site Nos. 207, 208, 209,

213 and 214 respectively. Though lands of the petitioner were reserved

under the development plan published on 02.01.2002 which came into

force with effect from 18.02.2002, but no steps have been initiated by the

planning authority for acquisition of the said property for more than 10

years, therefore, the petitioner issued a notice dated 09.10.2017 under

section 127 of the MRTP Act approximately after 16 years but in spite of

service of notice, no effective steps have been taken by the Municipal

Corporation for acquisition of the said land within a period of 24 months

of service of the notice. However, the respondent No. 3-Corporation vide

notice dated 18.12.2017 communicated the petitioner that certified copy

of the draft development plan, measurement map are not submitted

alongwith the notice and that it will take appropriate steps on receipt of

the same. The petitioner replied the said notice on 20.12.2017,

contending that certified copy of the draft development plan, measurement

map are already in the office of respondent No.3, however, the respondent

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No.3 again insisted for the same and failed to take any step for acquisition.

Therefore, the petitioner prays for de-reservation of land under Section

127 of the MRTP Act. Hence this petition.

5.

Mr. D.S. Mali, learned counsel for the petitioner submits that

revised draft development plan of Latur City was prepared by