PRASENJIT KISANRAO TAYADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The petitioner is the owner of land bearing Survey No.9, admeasuring 0.28 HR of Village Khel Amanat, Tq. Jalgaon (Jamod), District Buldhana. The aforesaid land was shown to be reserved for shopping centre pursuant to Reservation No.44. The development plan was published on 15/1/2006. On 17/12/2020 the petitioner issued a notice under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, the Act of 1966) calling upon the Municipal Council to purchase the aforesaid land. In reply the Municipal Council on 12/7/2021 offered transferable development rights to the petitioner in lieu of compensation. On the expiry of period of twenty-four months from the service of the said notice, the petitioner has filed the present writ petition seeking a declaration that the reservation has lapsed under Sec. 127 of the Act of 1966.

(3.) Heard the learned counsel for the parties and perused the documents filed alongwith the writ petition as well as the reply. The factual aspects of land being subjected to reservation, service of purchase notice, its receipt and reply by the Municipal Council are not in dispute. In the reply the Municipal Council has sought to offer transferable development rights in lieu of monetary compensation to the petitioner. The Full Bench in Shree Vinayak Builders & Developers vs. State of Maharashtra, Nagpur Municipal Corporation, Urban Town Planning Department [2022(4) Mh.L.J.739] has held that offer of transferable development rights in lieu of compensation would not be permissible and the land owner cannot be compelled to accept the transferable development rights in lieu of compensation. It is thus clear that after the expiry of period of twenty-four months from the receipt of notice dtd. 21/12/2020, no step towards acquisition of the petitioner's land has been initiated. Consequently, the deeming fiction under Sec. 127(1) of the Act of 1966 would operate.