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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

WRIT PETITION No.4149 OF 2022

1. Shamim Altab Dhakwala,

Age 46 years,

Occupation : Business,

R/o. Colliery Road, Ballarpur,

Tahsil Ballarpur, Distt. Chandrapur.

2. Imran Yakubbhai Karya,

Age 37 years,

Occupation : Business.

3. Ikbal Yakubbhai Karya,

Age 46 years,

Petitioner No.2 and 3,

R/o. Bazar Chowk,

Near Water Tank Nagbheed,

Taluka Nagbheed,

Distt. Chandrapur.

: PETITIONERS

...VERSUS...

1. The State of Maharashtra,

Through the Secretary,

Urban Development Department,

Mantralaya, Mumbai-32.

2. The Directorate of Town Planning,

State of Maharashtra,

Central Building, Pune-1.

3. The Municipal Council (M.C.)/

Nagar Parishad, Bramhapuri,

Through its Chief Officer,

Bramhapuri, District Chandrapur.

: RESPONDENTS

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Shri G.K. Mundhada, Advocate for Petitioners.

Smt. Kalyani Deshpande, Assistant Government Pleader for

Respondent Nos.1 and 2.

Shri M.V. Bute, Advocate for Respondent No.3.

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CORAM : A.S.Chandurkar

& Urmila Joshi-Phalke, JJ

.

DATE : 19.08.2022.

ORAL JUDGMENT : (Per : Urmila Joshi-Phalke, J.)

1.

Rule. Rule made returnable forthwith.

2.

Heard Shri G.K. Mundhada, learned counsel for the

petitioners, Smt. Kalyani Deshpande, learned Assistant Government

Pleader for Respondent Nos.1 and 2 and Shri M.V. Bute, learned

counsel for Respondent No.3.

3.

By this petition the petitioners have claimed that the

reservation in the revised development plan and reservation at Serial

No.58 which is affecting the land owned by the petitioners, who are

joint owners of Survey No.78/1, admeasuring 0.73 R of village

Delanwadi, Taluka Bramhapuri, District Chandrapur be declared as

lapsed under Section 127 of the Maharashtra Regional and Town

Planning Act, 1966 (hereinafter referred to as, “the MRTP Act” for the

sake of brevity) and be declared that the petitioners are free to

develop the lands owned by them as per the development plan

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permissible to adjacent lands. The petitioners also prayed to issue

directions to the respondents to notify and publish lapsing of

reservation in the official gazette under Section 127 of the MRTP Act.

4.

As per the contentions of the petitioners, the petitioners

are the joint owners in possession and persons interested in

development of land of Survey No.78/1, admeasuring 0.73 R of

village Delanwadi, Taluka Bramhapuri, District Chandrapur (which is

hereinafter referred to as, “the said land”). This land is situated

within the municipal limits of Taluka Bramhapuri, District

Chandrapur. The petitioners had purchased the said property by way

of registered sale-deed from its previous owner Tushar Namdeorao

Raut for a consideration of Rs.61,40,000/- on 30.11.2019 vide

registration No.1778/2019. The development plan of Bramhapuri city

was sanctioned by the State Government and it was published and

came into force vide notification No.TPV.2299/1001/CR-111(A)/UD-9

dated 28.6.2002 which came into force on 26.8.2002. By this revised

development plan the abovesaid land has been shown to be reserved

for playground vide reservation No.58. As no steps are taken by the

respondents subject to the said reservation the previous owner Tushar

Namdeorao Raut served a purchase notice under Section 127 of the

MRTP Act in the office of respondent No.3 on 4.9.2014 and by the

said notice previous owner to the petitioners called the respondent

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No.3 to acquire the land which is affected by reservation within the

statutory period from the date of service of the said notice. T