LAXMIKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in the present appeal is to an order dtd. 6/8/2021 passed by the High Court of Judicature at Bombay, Bench at Aurangabad, holding that the reservation of land in the Development Plan stands lapsed as no declaration under Sec. 126 of the Maharashtra Regional and Town Planning Act, 1966 (For short, the 'Act') was published. However, the Planning Authority was given one year time to acquire the land once reserved relying upon the judgment of this Court reported as Municipal Corporation of Greater Mumbai and Ors. v. Hiraman Sitaram Deorukhar and Ors. (2019) 14 SCC 411 .

(2.) A final Development Plan was published under Sec. 31(6) of the Act on 2/1/2002 which came into force on 18/2/2002 in respect of land including the land owned by the appellants such as Latur Reservation Site bearing No. 217 for playground. The appellants purchased the land bearing Plot Nos. 1, 2, 9 and 10 admeasuring 1394.05 square meters out of Survey No. 73, admeasuring 6500 square meters on 21/11/2002. Though the Development Plan was finalized, but the same was never implemented nor any action was taken for acquisition of the land under the Land Acquisition Act, 1894. After expiry of ten years, the appellants issued notice on 16/8/2016 under Sec. 127 of the Act so as to purchase the reserved land within one year of the date of the notice. Such notice was acknowledged by the respondent Municipal Corporation on 20/22/8/2016 to submit measuring plan showing reservation thereon including the area owned by the appellants.

(3.) It was thereafter that the appellants filed a writ petition before the High Court for a writ of mandamus directing the respondents to treat the land of the appellants bearing Survey No. 73 as released from the Development Plan of Latur Municipal Corporation and that reservation of Site No. 217 for playground be declared to have lapsed to the extent of the land owned by the appellants and that the land is available for the residential use of the appellants. In the counter affidavit filed by the Municipal Corporation, it was inter alia submitted that the proposal was submitted to respondent No. 2 i.e., the Collector, Latur to take effective steps for acquiring the land bearing Survey No. 73 as the land was reserved for playground. The proposal was returned by the Competent Authority but no effective decision has been taken over the said proposal.