1 Wp4136-10 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4136 OF 2010 Sopan Trambak Wani ... Petitioner. V/s. Director of Town Planning & Ors. ... Respondents. Mr. C.G. Gavnekar for petitioner. Mr. V.S. Gokhale, AGP for respondent nos. 1 to 5. Smt. Neeta V. Masurkar for respondent nos. 7 & 8. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : 8th FEBRUARY, 2011 P.C. Rule. Rule returnable forthwith. Learned AGP., waives service for respondent nos. 1 to 5. Smt. Masurkar waives servivce for respondent nos. 7 8. By consent of the parties, the writ petition is taken up for final hearing. 2. By way of this petition, the petitioner has prayed that appropriate writ, direction or order may be issued under Article 226 of the Constitution of India by holding that the reservation has lapsed and the petitioner can utilise his land as freehold land and that the petitioner can now enjoy his land. 3. The agricultural land of the petitioner has been kept under reservation 2 Wp4136-10 since 1986 for the benefit of Bharat Sanchar Nigam Ltd., (BSNL) for the purpose of Telecom Department and staff quarters. The land in question is Site No. 56 and was reserved for BSNL. The petitioner gave notice on 19.2.2009 but the State had not taken any steps for acquiring the same. According to the petitioner, the reservation now stands lapsed and the land should be released from reservation under Section 127 of the Maharashtra Regional Town & Planning Act, 1966 since no steps have been taken by the Government to acquire the same. On behalf of BSNL an affidavit has been filed by the Assistant General Manager, Ashok Shankar Kulkarni. In paragraph 17 of the said affidavit it is stated as under :- “17. With reference to rest of the paras I say that BSNL has not submitted any proposal till date for acquisition of land in Survey No. 305/3/2 at Malegaon and as it does not need additional land in Survey No. 305/3/2. The learned counsel appearing for the BSNL also frankly admitted that BSNL does not require any additional land in Survey No. 305/3/2. The learned counsel for the Corporation also states that in view of the stand of the BSNL now the land in question is not required to be kept under reservation. In view of the said stand taken by the BSNL that the land is no longer required, the land in question i.e., in Survey No. 305/3/2 at Malegaon is ordered to be released from reservation as the authority for whose benefit it was kept under reservation has stated that it does not need any additional land in the said survey number. The petitioner can now enjoy 3 Wp4136-10 the said land. The petition is, accordingly allowed in the aforesaid terms. The State may now issue a notification under Section 127 (1) of the MRTP Act, 1966 regarding lapsing of reservation. Steps to be taken under Section 127 (1) of the MRTP Act, 1966 and publish the same in the Maharashtra Government Gazette regarding lapse of reservation expeditiously. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)