CHINMAY GURUNATH PARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) The petition seeks to invoke the deeming fiction of lapsing of reservation under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "MRTP Act").

(3.) The land in question has been reserved for children's play park under reservation no.8/31 by respondent no.3 in development plan (hereinafter referred to as "D.P. Plan") published on 15/12/2004. The petitioner purchased the said land vide Sale Deed dtd. 30/12/2012. Since, for a period of more than 10 years, respondent no.3 did not take any step for acquisition of the petitioner's land, the petitioner served a notice dtd. 21/2/2018 under Sec. 127 of the MRTP Act to the respondent no.3 for purchase of petitioner's land covered under the reservation for children's play park. Respondent no. 3 did not respond to the said purchase notice. After waiting for a period of more than 2 1/2 years, the petitioner issued another notice on 17/11/2020, asking respondent no.1 for notifying lapsing of reservation due to nonacquisition of the land by respondent no.3 for the purpose of development of children's play park within 24 months after the receipt of purchase notice issued by the petitioner. No steps were taken by any of the respondents, therefore, the present petition came to be filed.