1 wp112.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 112 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri V.D. Hon, Advocate for the petitioner. Shri N.B. Khandare, G.P. for respondent/State. Shri V.P. Latange, Advocate for the respondent no.3 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 9th August, 2011. . The petitioner claims to be the owner of the properties bearing City Survey no. 453, admeasuring 86.20 Sq. Meter and survey no. 454 admeasuring 173.10 Sq. meters situated at Shrigonda. The development plan for Shrigonda town was sanctioned and approved on 14th March, 1997. The petitioner's land was proposed to be reserved for a parking lot and "Tapri Shops". As per the plan, the reservation of the petitioner's plot was at site no.22. Government modified the reservation and changed it for a shopping complex. 2. As no steps were taken by the respondents for 2 wp112.11 acquisition of his land, the petitioner issued a notice on 9th July, 2009 to the Municipal Council as required under the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966. This notice indicated that the petitioner desires to utilise the reserved land for his own purpose, and that the land should be dereserved as no steps had been taken for acquisition of the same for more than 10 years. The Chief Officer i.e. Respondent no.3 informed the petitioner on 16th November, 2010 that his property could not be dereserved. 3. There is no dispute in the present matter that the land was reserved under the final development plan dated 14th March, 1997. No steps for acquisition of this land were initiated by the State for over 10 years. The Municipal Council having received the purchase notice has not taken any steps to correspond with the State in order to initiate the acquisition process. 4. In these circumstances, in our opinion, the reservations of the petitioner's land has lapsed in view of the provisions of Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966. 3 wp112.11 5. Accordingly, the Petition is allowed and the reservation having lapsed the land stands dereserved. The Government will take steps to issue a notification for the same. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/wp112.11