PRAKASH REWADMAL GUPTA Vs. LONAVALA MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE petitioner owns land bearing Survey No. 62/3 and 63/2 situated at Valwan, Lonavala. The land is situated within the Municipal limits of the first respondent. On 1st February, 1978, the Final Development Plan for Lonavala, which was sanctioned by the State Government, came into force. The land belonging to the petitioner was shown as being reserved, together with various other lands, for the purposes of the extension of an educational institution known as the "dr. B. N. Purandare College". The affiliation of the aforesaid college to the University of Pune is stated to have been cancelled sometime in the year 1977. On 4th July, 1986, the Lonvala Municipal Council resolved to initiate a minor modification to the sanctioned Development Plan under section 37 of the Maharashtra Regional and Town Planning Act, 1966 ("the Act") so as to change the designation of the site reserved in the Development Plan from the existing reservation for the Dr. B. N. Purandare College to a reservation for the College belonging to the third respondent, the Lonvala Education Trust. The Municipal Council after following the procedure under section 37 of the Act, submitted the aforesaid minor modification for the sanction of the State Government and by a notification dated 8th June, 1987, the State Government sanctioned the modification. Accordingly, the designation of Site No. 3 of Sector-E was changed from "extension to Dr. B. N. Purandare College" to "lonavala Education Trust College and its extension". From the statement at Exhibit "b" to the petition it would appear that several plots of land were reserved for the college belonging to the third respondent. The ownership of the land is shown to be "private" and the acquiring authority is the Municipal Council. On 1st February, 1988, the Draft Revised Development Plan for Lonavala came to be published in which the aforesaid lands belonging to the petitioner together with other parcels of land were shown to be reserved for the college of the third respondent.

(2.) ON 12th June, 2000, a notice under section 127 of the Act was issued on behalf of the petitioner to the first respondent as the Planning Authority. The notice adverts to the fact that a period of 10 years had expired after the Development Plan for Lonavala came into force on 1st February, 1978. The notice adverts to the revision of the Development Plan in 1988 and recites that since the land had not been acquired under the provisions of the Maharashtra Regional and Town Planning Act, 1966 during the initial period of 10 years after the sanctioning of the Development Plan on 1-2-1978, the reservation had lapsed. By the said notice, the petitioner called upon the Municipal Council to commence acquisition proceedings within a period of 6 months from the receipt of the notice failing which it was stated that the reservation would lapse and the petitioner would be entitled to develop the land. This, it was stated, was without prejudice to the contention of the petitioner that the lands could not be reserved for the third respondent.

(3.) ON 7th July, 2000 the Chief Officer of the first respondent responded to the notice under section 127 stated that both under the sanctioned Development Plan as well as under the Draft Revised Development Plan, the land belonging to the petitioner had been reserved for the college belonging to the third respondent and for its extension. The Chief Officer in his reply stated that in respect of the aforesaid reservation, the third respondent was the appropriate authority within the meaning of the Act and that accordingly, the responsibility for the acquisition of the land vested in the third respondent. According to the Chief Officer, therefore, it was necessary for the petitioner to furnish a notice under section 127 to the third respondent.