1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7597/2008 1. Madhu Dhanraj Malu Age 22 years, Occ-Business R/o C/o Shivneri Medicals Main Road, Hadgaon 431712 Dist.Nanded. 2. Priyanka Sunil Lakhotiya Age 20 years, Occ-Business R/o as above Hadgaon, Dist.Nanded. .. PETITIONERS VERSUS 1. The State of Maharashtra Through Ministry of Urban Development, Mantralaya, Mumbai. (Copy to be served on the Govt. Pleader, High Court of Bombay, Bench at Aurangabad) 2. Municipal Council,Hadgaon Through its Chief Officer, Hadgaon, Dist.Nanded. 2 3. The Director of Town Planning Maharashtra State,Pune 4. Assistant Director,Town Planning Nanded. 5. Panchshil High School run by Adarsha Vidyarjan Mandal Through its Secretary,Hadgaon Dist.Nanded. 6. District Collector,Nanded District Nanded. ... Shri S.V.Gangapurwala,Adv.for petitioners Shri K.G.Patil,AGP for respondents 1,3,4 & 6 Shri S.S.Panhale,Adv.for R.2. Smt.S.G.Chincholkar,Adv.for R.5 ... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 09/07/2009 ORAL JUDGMENT [PER HARDAS,J.] : Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 3 2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ directing respondents to release land bearing Survey No.264 situated at Hadgaon, admeasuring 4 Hectares and 71 Ares from the reservation. The petitioners have also prayed for issuance of direction for declaring that the purchase notice dated 16/7/2007 issued by the petitioners is not complied with by the respondents and therefore, the land stands released from reservation. The petitioners have however, prayed that the petitioners be allowed to develop the land. Such of the facts as are necessary for the decision of this petition can briefly be stated as under : 3. Some time in 1977, the development plan came to be published. As per the said development plan, the land of petitioners was reserved for play ground, primary school and for technical institution. In this petition, we are concerned with the land at Survey No.264 which was reserved for the technical institution. The petitioners however, have not challenged the reservation of land at Survey No.263 which was reserved for play ground and primary school. Since no steps for acquisition of the land had been taken by the planning authority, petitioners have issued purchase notice dated 16/7/2007, despite the receipt of the said purchase notice, no steps had been taken by the planning authority i.e. respondent no.2. The petitioners thereafter, 4 have filed the present petition. 4. We have heard Shri S.V.Gangapurwala, learned counsel for the petitioners, who has urged before us that looking to the language of Section 127 of the Maharashtra Regional Town Planning Act, since the respondent no.2 has not taken any effective steps for acquisition of the said land, the reservation provided under the development plan has lapsed and the land of the petitioner at Survey No.264 deserved to be de-reserved. Learned counsel Shri Panhale appearing on behalf of the Municipal Council, Hadgaon, has very candidly admitted that the respondent no.2 on the basis of instructions from the respondents, has not taken any steps towards the acquisition of the said land at Survey No.264 despite the receipt of the purchase notice under Section 127. It is further stated on behalf of respondent no.2 that on account of paucity of funds available at the disposal of respondent no.2, respondent no.2 at present does not have any interest in acquiring the said land at survey no.264. Mrs.Chincholkar, learned counsel for respondent no.5 has brought to our notice document which at Exh.”C” in which the respondent no.5, for whose benefit the said land had been reserved, has expressed in no uncertain terms that the respondent no. 5 is not in need of the land. The learned Assistant Government Pleader who appears on behalf of respondents 1,3 and 4, has expressed inability of the respondents in the light of the fact that the 5 planning authority itself has not taken any steps for acquisition of the land within the stipulated period. 5. Undisputedly, despite receipt of notice under Section 127 of the Maharashtra Regional Town Planning Act, respondent no.2 has not taken any steps for acquisition. In fact respondent no.2 in no uncertain terms has stated before us that the respondent no.2 is not interested in proceeding with the acquisition of the land at Survey No.264. In the light of that, therefore, according to us, the reservation provided in the development plan of 1977 has, lapsed. The land of the petitioners at Survey No.264 therefore, deserved to be released from reservation. 6. Accordingly, this petition is allowed in terms of prayer clauses “B” and “C”. In respect of prayer at prayer clause “D” for development of the land, the petitioner may take such steps as deemed fit. Rule made absolute on the above terms with no order as to costs. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/wp7597-08