(1) wp736-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 736 OF 2009 Nemichand Motilal Kankariya and another PETITIONERS VERSUS The State of Maharashtra and others RESPONDENTS .... Mr. N.D. Sonwane, advocate holding for Mr. V.D. Hon, advocate for the petitioners. Mr. R.P. Phatke, A.G.P. for the respondent/State. Mr. P.R. Patil, advocate for the respondent No. 4. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATE : 4th MAY, 2011 ORAL ORDER : 1. The petitioners have preferred the present petition for the release of their land from the Reservation No. 45 for the Civic Centre in accordance with the Development Plan of the Jalgaon Municipal Corporation. 2. A notice was issued by the petitioners under section 49 (1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the MRTP Act") on 18th May, 2007. That Purchase Notice (2) wp736-09 was confirmed on 3rd December, 2007 under section 49 (4) of the MRTP Act by the respondent No. 1. According to the petitioners, since no steps for acquisition of the land were taken by the respondents, they are entitled to have the land released from the reservation. 3. The Jalgaon Municipal Corporation - respondent No. 4 herein made an application to the Collector, Jalgaon for the acquisition of the property on 16th September, 2008, well within one year of the period stipulated in section 49 of the MRTP Act. Since this application was filed within one year after the Purchase Notice was confirmed, the contention of the petitioners that the reservation has lapsed cannot be accepted. 4. However, thereafter the Corporation has passed a resolution on 18th April, 2011 to the effect that the land should be released from the reservation as it was not required for any civic amenity. However, by a letter dated 29th April, 2011, sent by the Commissioner of the Corporation to the Principal (3) wp736-09 Secretary of Urban Development Department, the Commissioner has indicated that the land is required for civic amenities. 5. In our opinion, the present writ petition can be disposed of by directing the respondent No. 1 to decide the issue with respect to the letter dated 29th April, 2011, addressed by the Commissioner of the Jalgaon Municipal Corporation to the Principal Secretary, Urban Development Department, within three months from today. The petition is disposed of accordingly. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/wp736-09