MANDAKINI RUPRAO KHANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(2.) Whether the legal fiction of lapsing of reservation provided under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as 'the Act' for short) would apply in a case where a purchase notice under Sec. 127 of the Act is given after statutory period of ten years from the final development plan, but before expiry of ten years from the date of revised development plan, is a question raised in this petition.

(3.) The petitioners are the owners of field bearing Survey Nos. 500, 501, 502 (Old Survey No.297) at Mouza Mohpa, Tahsil Kalmeshwar, District Nagpur (hereinafter referred to as "the said land" for short). In development plan for Mohpa, Tahsil Kalmeshwar, District Nagpur, published on 20/09/1973, the said land was reserved for weekly market and shops vide reservation No.TPS-2469/61163-W-II, Mohpa. No steps were taken by respondent No.4 to acquire the said land under the provisions of the Act. Vide notification dtd. 31/03/2012, the revised development plan for Mohpa was published under Sec. 38 of the Act. Even in the said revised development plan, reservation on the said land was kept intact. Since no steps were taken for acquisition of the said land, the petitioners on 30/12/2015 issued purchase notice to the respondents under Sec. 127 of the Act. Even after expiry of statutory period of twenty four months provided under Sec. 127 of the Act, no steps have been taken by respondent no.4 to acquire the said land. Rather, respondent No.4 passed a resolution resolving that the said land is not required for weekly market and shops as there is sufficient alternate place. In spite of that no step is taken by either of the respondents for deletion of said reservation. Hence, the present petition came to be filed for invoking legal fiction of deemed lapsing of reservation under Sec. 127 of the Act.