Shrirampur Municipal ... vs Satyabhambai Bhimaji Dawkher & Ors

3. For the sake of convenience, we shall first notice the facts from the record of the appeal arising out of SLP(C) No. 9934/2009.

3.3 After eleven and a half years of the reservation of their land, respondent Nos. 1 to 5 issued purchase notice dated 29.5.2003 under Section 127 of the 1966 Act, which was duly served upon the Chief Officer of the appellant – Shrirampur Municipal Council, Shrirampur. The relevant portions of the notice are extracted below:

Hereby give notice under Section 127 of the above stated Act that, the land located within the city limits of Shrirampur out of Gat No.44 admeasuring approx. 2.5 Hectare is owned by me and it has been reserved as Reservation No.40 in Town Planning Scheme No.4. This reservation has been reserved approx. 1 Acre for play ground. The sanctioned Development Plan (R) Shrirampur of Shrirampur City has been granted final sanction by the Director, Town Planning (State) Pune vide their notification no. D. P. Shrirampur (Part) R/TPV 4-2837 Dated 31/12/91 and although more than 10 years duration has passed after getting the final sanction to the Development Plan the Nagar Parishad has taken no action to acquire the said land.

Through this notice you are being notified that, in case of your failure to take suitable action to acquire the said land within 6 months of the receipt of the said notice the land under reservation in Gat no. 44 shall become free from reservation. Please take note. The said notice is being issued in this behalf.” 3.4 The notice issued by respondent Nos.1 to 5 was considered in the meeting of the General Body of the appellant held on 30.8.2003 and the following resolution was passed:

4. We may now briefly notice the facts from the other appeals.

4.2 Writ Petition No. 3626/2006 was filed by respondent Nos. 1 to 4 for de-reservation of their land on the ground that the same had not been acquired within ten years of enforcement of the Development plan and expiry of six months counted from the date of receipt of purchase notice. The Division Bench of the High Court referred to the judgment of this Court in Girnar Traders (II) and allowed the writ petition by making the following observations:

5. The facts of this appeal are identical to the appeal arising out of SLP(C) No.9934/2009. The only difference is that this appeal pertains to the land comprised in Gat No.44/2 admeasuring 5,536 square meters.

7.2 Respondent – Sahyadri Land Development Corporation, which owned the land, issued purchase notice dated 17.6.2010 under Section 127 of the 1966 Act, but the Planning Authority did not take steps for the acquisition of land. Writ Petition No. 4457/2011 filed by the respondent was allowed by the High Court by relying upon the judgment of this Court in Girnar Traders (II) and the respondent was allowed to develop the land.

Appeal arising out of SLP(C)No.36117/2012 8.1 In the Development plan sanctioned for Pune Municipal Corporation, plot bearing CTS No.1135 (old 54) owned by respondent Nos.1 and 2 situated at Sadashiv Peth was shown as reserved for children’s playground. After three years, the Commissioner inspected the site and opined that the same was not suitable for the purpose for which it was shown as reserved. Thereupon, the Corporation passed resolution dated 19.4.1990 for de- reservation of the plot. The State Government sanctioned the de-reservation in September, 1992 and directed the Commissioner of the Corporation to take necessary action under Section 37 of the 1966 Act. The latter issued notice dated 18.5.1995 and invited objections against the proposed de-reservation of the plot and its inclusion in the residential zone. However, no final decision was taken in the matter in view of circular dated 21.12.1995 issued by the State Government.

9. The facts of this appeal are substantially similar to that of the appeal arising out of SLP (C) No. 36117/2012 except that the plot owned by respondent Nos.1 to 5 is CST No.1134, Sadashiv Peth, Pune admeasuring 567.72 square meters whereas the plot which is subject matter of the other SLP is CST No.1135, Sadashiv Peth, Pune. The reservation of CST No.1134 was for children’s playground. The High Court allowed Writ Petition No.9895/2011 filed by respondent Nos.1 to 5 on the ground that the land had not been acquired within six months of the receipt of purchase notice issued under Section 127 of the 1966 Act.

25. As a sequel to the above discussion, we hold that the majority judgment in Girnar Traders (II) lays down correct law and does not require reconsideration by a larger Bench. We further hold that the orders impugned in these appeals are legally correct and do not call for interference by this Court. The appeals are accordingly dismissed.