8.wp.598-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 598 OF 2011 Shri. Amol Ashok Gondkar and Ors. ..Petitioners Vs. The State of Maharashtra and Ors. ..Respondents Mr. Pratap Patil i/b Tushar Pimple for Petitioners Mr. R.S.Ingle for Respondent Nos.2 and 3 CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. DATE : NOVEMBER 30, 2011. P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. Admittedly, the purchase notice was given prior to the expiry of ten years from the date the final development plan came into force. The final development plan came into force on 2.5.1988 and purchase notice is dated 13.4.1998. Purchase notice is therefore, not valid in view of Section 127(1) which reads as under: “Lapsing of reservation.- (1) If any land reserved, 1 8.wp.598-11.doc allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force or, if a declaration under sub-section (2) or (4) of Section 126 is not published in the Official Gazette within such period, the owner or any person interested in the land may serve notice, along with the documents showing his title or interest in the said land, on the Planning Authority, the Development authority or, as the case may be, the Appropriate Authority to that effect; and if within twelve months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise, permissible in the case of adjacent land under the relevant plan.” 3. In the circumstances, the petition cannot be entertained. The petitioners shall, however, be at liberty to issue a fresh 2 8.wp.598-11.doc Purchase Notice in accordance with law. 4. Rule is disposed of in above terms. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 3