PRAMOD MORESHWAR PATWARDHAN Vs. SANGLI, MIRAJ & KUPWAD

JUDGEMENT

(1.) Rule, made returnable forthwith and heard by the consent of the parties.

(2.) By the above Petition filed under Article 226 of the Constitution of India, the Petitioners seek a declaration that the reservation in respect of the Petitioners lands bearing Revisional Survey No.909/2/3, 909/2/9, 909/2/6, 909/2/1 and 909/2/11 admeasuring about 741 sq.mtrs, 419.7 sq.mtrs, 822.5 sq.mtr, 1921 sq.mtrs and 420 sq.mtrs respectively situated at Miraj, Dist. Sangli, being Reservation Site No.65 as Housing for Dishoused and E.W.S. Housing in sanctioned Development Plan of Miraj City propounded by the Respondent No.1 has lapsed in view of the provisions of Section 127 of the Maharashtra Regional Town Planning Act, 1966 [for the brevities sake the MRTP Act ] and resultantly the lands stand released from the reservation or designation and become available to the Petitioners owners for the purpose of development in the case of adjacent land owners.

(3.) The factual matrix, in brief, can be stated thus : The Petitioners claim to be the owners of the lands mentioned herein above. The lands of the Petitioners were reserved in the sanctioned development plan which came into force on 26/4/1979 and bore Reservation Site No.65 for Housing for Dishoused and E.W.S. Housing . The said sanctioned development plan came into force on 30/6/1979. It appears that Miraj Municipal Council which was the planning authority at the relevant time did not take any step either to acquire the said lands or to develop the same for the purpose they were so designated in the sanctioned development plan for considerable period of time. Since the said lands were neither acquired nor utilised for the purpose for which they were designated in the sanctioned development plan. The Petitioners father therefore gave a purchase notice dated 5/6/1993 under section 127 of the MRTP Act. Despite the said purchase notice, the planning authority did not take any steps within a period of six months as postulated in the said Section 127 of the MRTP Act. The Petitioners, it appears that, had made an application for development of the said lands and for erecting a compound wall. Since no acquisition proceedings were initiated in terms of Section 127 of the MRTP Act after the receipt of the purchase notice and on the footing that the reservation of the lands has lapsed, then the Miraj Municipal Council by its letter dated 16/3/1995 refused the said permission on the ground that the said lands are reserved under Reservation Site No.65 in the sanctioned development plan. This resulted in the Petitioners filing Regular Civil Suit No.204 of 1995 for perpetual injunction restraining the then Miraj Municipal Council from obstructing the Petitioners in erecting compound wall or carrying out construction on the said lands. It is pertinent to note at this stage that the Planning Authority of the then Miraj Municipal Council had filed a written statement. It is stated in Para 11 of the said Written Statement that the acquisition proceedings have been initiated in respect of the said lands. In the light of the said averment made in the Written Statement, the Petitioners thought it fit to withdraw the said suit by filing a pursis and the trial Court accordingly by an order dated 26/6/1996 permitted the Petitioners to withdraw the said suit. The Petitioners thereafter made inquiry with the office of Collector, Sangli as to whether any acquisition proceedings have been initiated. The Petitioners were informed that in respect of the lands designated in the final development plan, no such acquisition proceedings have been initiated by that office. Thereafter some intervening events have taken place which in our view have no bearing on the adjudication of the above Petition.