TRISHUL CONSTRUCTIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, heard finally with the consent of both the parties.

(2.) The Petitioner is the owner and in possession of land situated at Survey No. 2940/2 at Naralibag, Tal. And Dist. Aurangabad. According to the Petitioner revised development plan at Aurangabad city came to be sanctioned by the State Government on 18/4/2001 and in the said development plan the land of the Petitioner is reserved for "Garden to the extent of 424.92 Sqr. Mtrs and 9 Mtrs wide Development Plan Road to the Extent of 221.90 Sqr. Mtrs." Though development plan was sanctioned and published on 18/4/2001, no steps were taken towards the acquisition of the property of the Petitioner by the Special Planning Authority within a period of 10 years from the date of Enforcement of Final Development Plan. Since the Planning Authority has not acquired the land of the Petitioner affected by reservation, the Petitioner issued purchase notice under Sec. 127 of the Maharashtra Regional and Town Planning Act (in short 'MRTP Act') on 29/8/2021 which was duly received by the Respondents. Since no response was received against the said notice, another notice dtd. 30/9/2021 was addressed to the Respondents. It is the contention of the Petitioner that within a period of 24 months as contemplated by Sec. 127 of MRTP Act, no steps were taken by the Competent Authority for acquisition of the land and hence the acquisition to the extent of the Petitioner stood lapsed. The Petitioner, therefore, seeks declaration accordingly.

(3.) Respondent Nos. 5 to 7 by filing affidavit of Manoj Harishchandra Garje, Deputy Director of Town Planning at Aurangabad Municipal Corporation opposed the Petition. It is, however, not in dispute that the Petitioner is the owner of property in question and that the said property has come under reservation as stated by the Petitioner. There is also no dispute made about the fact that notice dtd. 30/9/2021 was received from the Petitioner under Sec. 127 of the MRTP Act. It is further case of the Respondents that the Petitioner was offered TDR which he refused to accept and that his claim for Reservation Credit Certificate (RCC) was refused by these Respondents. It is further claimed that the acquisition proposal has been forwarded to Special Land Acquisition Officer, Aurangabad on 5/1/2024.