AMINABEE ABDUL WAHAB MALIKMALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the parties the matters are heard finally.

(2.) These are the petitions under Article 226 of the Constitution of India seeking declaration under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the M.R.T.P. Act) about the lapse of reservation. Since the facts and the law applicable to the fact situation in all these four petitions is same except the petitioners and their respective lands, all these writ petitions have been heard together and are being disposed of by this common judgment.

(3.) The learned advocate for the petitioners submitted that the respective properties of the petitioners were reserved as site no.165 in the development plan of Jalgaon Municipal Corporation which was published on 10.08.2004 and which came into effect from 01.10.2004. The writ properties were reserved for playground, primary school and D.P. Road. The petitioners served first purchase notice on 09.04.2012 as contemplated under Section of the 127 of the M.R.T.P. Act and again served a second purchase notice on 05.09.2014 which was duly received by the respondent no.2-Jalgaon Municipal Corporation on 12.09.2014, even the documents were supplied to it on 10.03.2016. Still the respondents failed to take appropriate steps for acquiring the writ properties within the time stipulated under that provision and therefore the reservation stood lapsed. He would therefore submit that the petitioners' properties cannot be allowed to be put under the cloud for years together and necessary declaration for lapse of reservation should follow. He submitted that the Supreme Court as well as this Court in several judgments has given such a declaration and the same course should be followed even in these matters. He refer to and relied upon the decision in the case of Girnar Traders & Anr. V/s. State of Maharashtra & Ors., 2007 7 SCC 555, Hasmukhrai V. Mehta V/s. State of Maharashtra & Ors., 2015 3 SCC 154 and Jaika Vanijya Ltd. V/s. State of Maharashtra & Ors., 2013 4 MhLJ 161.