(1) JUD-WP-463.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 463 OF 2011 1. Shri Vijay S/o Jagannath Patil Age : 45 years, Occu.: Agri., 2. Shri Sunil S/o. Jagannath Patil, Age : 34 years, Occu.: Agri., 3. Kokilabai w/o. Ashok Patil, Age : 50 years, Occu.: Household, 1 to 3 R/o. Kerhala, Tq.Raver, Dist. Jalgaon 4. Latabai w/o. Ramesh Patil, Age : 47 years, Occu.: Household, R/o. Ainpur, Tq. Raver, Dist. Jalgaon 5. Mandabai w/o Yuvraj Patil, Age : 41 years, Occu.: Household, R/o. Vithwa, Tq. Raver, Dist. Jalgaon 6. Shantabai w/o Jagannath Patil, Age : 69 years, Occu.: Household, R/o. Kerhala, Tq. Raver, Dist. Jalgaon All petitioners through their Spl. Power of Attorney holder Shri Shriram S/o Gopaldas Khatod, Age : 44 years, Occu.: Agri. and Business, R/o. 77, Jai Nagar, Mahabal Road, Near Onkareshwar Temple, Jalgaon, Tq. and Dist. Jalgaon PETITIONERS VERSUS 1. The State of Maharashtra, Secretary, Urban Development Department, Mantralaya, Mumbai (2) JUD-WP-463.11 2. Chief Officer, Municipal Council, Raver, At Post Raver, Tq. Raver, Dist.: Jalgaon 3. Collector, Jalgaon, Tq. and Dist. Jalgaon (Copy of Resp. no.1 & 3 to be served on Govt. Pleader High Court of Judicature of Bombay, Bench at Aurangabad) RESPONDENTS ..... Mr. S.H. Tripathi, Advocate for the Petitioners. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. S.M. Kulkarni, Advocate for the respondent no.2 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 6TH SEPTEMBER, 2011 JUDGMENT (PER - M.T. JOSHI, J.): 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner is seeking a declaration that the reservation of his agricultural property gat no. 2/1 admeasuring 4 H 41 R of village Hol, Tq. Raver, Dist. Jalgaon has lapsed in view of section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short "The M.R.T.P. Act"). (3) JUD-WP-463.11 3. Vide the development plan, which came into force on 1.8.1970, the land was reserved by the respondent no.2 for the public purposes of primary school and play ground. Thereafter, again in the next of the development plan of the year 1987 the reservation was continued. In this situation, on 16.12.2004 the petitioners issued a purchase notice as required under section 127 of the M.R.T.P. Act, calling upon the authorities to acquire the land. No actions were however taken by the concerned authority for acquisition within six months as provided by the provision. Thereupon, the petitioners submitted an application for lay out on 6.7.2005. The application however was rejected. However, no steps for acquisition were taken and therefore, the petitioners filed Writ Petition no. 1994 of 2006 for direction to the respondent nos. 2 and 3 to carry out the acquisition proceedings and to pay the compensation or in the alternative to declare that the reservation has lapsed. Since a statement was made by the State Government that acquisition proceedings would be commenced as early (4) JUD-WP-463.11 as possible and would be concluded within two years, the Writ Petition was disposed of by this Court on 28.4.2006. However, till date no acquisition proceedings were even started and, therefore, by the present Writ Petition the petitioners seek a declaration of lapsing of the reservation. 4. The learned Assistant Government Pleader as well as the learned counsel for respondent no. 2 submitted that no steps could be taken for acquisition of the land for want of funds. 5. In the case of Girnar Traders Vs. State of Maharashtra and others 2007 AIR SCW 5782, the Supreme Court has held that a step for acquisition would mean a notification under section 6 of the Land Acquisition Act. Admittedly, in the present case not only after the lapse of six months any step for acquisition was taken but even after a statement made in the earlier Writ Petition, no action was initiated for acquisition of the land. 6. In view of the above circumstances, the Writ Petition is allowed. We hold that the reservation on (5) JUD-WP-463.11 the land of the petitioners stands lapsed and that the petitioners are free to utilize their land as per their own desire. Rule is made absolute accordingly. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/