RAMAKANT VASUDEO PAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned counsel for the Respondents waives service. By consent of parties, Petition is heard finally. In the present Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is seeking declaration that the reservation in respect of the Petitioner's land bearing Survey No. 21/2/C, admeasuring 1,170.92 square meters situated at village Lonavala, District Pune reserved for the purpose of extension of public primary school has lapsed as per the provisions of Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (hereinafter referred to as the 'MRTP Act').

(2.) The Petitioner interalia has set out in the Writ Petition following factual aspects:-

(3.) We heard the submissions of learned counsel of all the parties on 10th September, 2020. In the light of above factual position as set out in the Petition, Mr. Rohaan Cama, learned counsel appearing for the Petitioner submitted that in the 1978 plan the said plot was reserved for the purpose of a public primary school and extension of the playground of the said public primary school. Thereafter, on 10th February, 1994 a revised Development Plan for Lonavala was published, by which the said plot alongwith larger land continued to be shown as reserved for extension of the said public primary school. He submitted that the said reservation continued for more than 42 years. He submitted that the present purchase notice under Section 127 of the Act was issued on 20th December, 2017 and the time period of 24 months which is statutorily mandated under Section 127 of the Act expired on 20th December, 2019. Since the Respondent Nos. 2 and 3 failed to acquire the said plot or failed to take any steps as required under Section 127 of the Act, reservation of the said plot has deemed to have lapsed and the said plot is deemed to have been released from the reservation/designation or allotment and has become available to the Petitioner for the purpose of development as permissible under law. In support of his submission he has relied on following judgments of Hon'ble Supreme Court and this Court.