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Judgment
In the present petition, following prayer is made:
“A. Declare that the reservation on area admeasuring 1.63 H.R. for ‘Garden’ vide Reservation No. 50, on the land owned by the petitioners having Survey No. 8/2D out of the total area admeasuring 1.93 H.R. of mouza Achalpur, Tq. Achalpur, Dist Amravati, has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 and that the petitioners are free to develop the land under Reservation No. 50 owned by them in the manner permissible to adjacent land as per Development Plan”.
The petitioners submits that they are the owners of land Survey No. 8/2D, admeasuring 1.93 H.R. of village Khel-bari, Tal. Achalpur, Dist Amravati. Out of total land, the land admeasuring 1.63 H.R. was reserved vide Reservation no. 50 for ‘garden’, as per sanctioned development plan which came into force w.e.f. 1.3.2003. The Notification was published in the official gazette on 15.1.2003.
The learned counsel for petitioners submitted that as no steps under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the Act of 1966”, for the sake of brevity) were taken, vide notice dated 7.11.2023, served on 8.11.2023, upon respondent no. 2 i.e. Municipal Council, Achalpur, to which 7/12 extract, measurement sheet and part plan was annexed, a request was made to acquire the land by making proper arrangement for payment of compensation. He submitted that on 28.11.2023, respondent no.1 issued communication to respondent no. 2 for taking appropriate steps in compliance with Section 127 of the Act of 1966 and to take further necessary steps.
It was further stated that it has also applied for carrying out the development for residential use of the land in question but the permission was refused by respondent no.2, on the ground that the land in question is shown to have been reserved under Reservation No. 50, for ‘garden’. It is in this background, petitioners prayed that declaration be made that the reservation has lapsed.
The respondent no.2, in pursuance with notice issued by this Court has appeared and by filing reply submitted that the purchase notice was received on 10.11.2023 and it took immediate action and vide various letters dated 2.12.2023 and 18.1.2024 requested the petitioners to supply the original copy of measurement and part plan so that further acquisition proceeding can be initiated. According to them, as the notice was received on 10.11.2023, the petitioners rectified the deficiencies and submitted measurement copy on 10.1.2024 and the petitioners submitted purchase notice with revised area to respondent no. 2 on 6.8.2024, the period of 24 months will have to be calculated from that day, which would then lapse on 5.8.2026. It was then contended that the petition is premature.
It is in this background, we have heard respective counsels and have gone through the record of the case. The dates regarding publication of revised development plan on 15.1.2003 is not disputed, so also, the receipt of purchase notice on 10.11.2023. The respondent no. 2 has also come with a specific case that financial position of it is weak and the amount of compensation has not been deposited.
Only objection which now is required to be dealt with is whether statutory period of 24 months under Section 127 of the Maharashtra Regional and Town Planning Act is required to be counted from 6.8.2024, as according to the respondent, the petitioner has submitted second notice with revised area on 6.8.2024. A copy of notice dated 23.7.2024 received by respondent Municipal Council on 6.8.2024 is given across the bar which is taken on record and marked X for identification. Initial notice dated 7.11.2023/purchase notice give the entire detail of the land acquired, date of publication of map. To the said notice 7/12 extract, measurement sheet and part plan was also acknowledged. It was never the case of the respondent by any communication, which is also not brought to our notice that said notice is defective. In fact, communication dated 28.11.2023 issued by Town Planning Department, Pune shows that Chief Officer of Municipal Council was directed to take appropriate step as the reservation may lapse. Thus, the period of 24 months is required to be calculated from notice dated 7.11.2023. The petition was filed on 21.11.2025. As such, subsequent notice dated 6.8.2024 looses its importance.
At this stage, it is necessary to note the observations made by Co-ordinate Bench of this Court, while deciding Writ Petition No. 1226/2011 (Vikramsingh Jaysingrao Ghatge Vs. The Municipal Council, Kagal, Dist. Kolhapur) wherein this Court in part of paragraph 13 of its judgment dated 6.10.2014 has held thus:
“13……..
…………. A perusal of the aforesaid provision indicates that what is interested in the land to serve a notice to the planning authority or appropriate authority to acquire the land for public purpose for which it is reserved. The word 'notice' in this provision would contemplate an intimation that the land which is kept under reservation for ten years from the commencement of the development plan or approved plan has not been acquired by an agreement. This section does not contemplate any particular form in which a notice to that effect is required to be given by the owner of the land. To appreciate that as to what meaning can be attributed to the word 'notice' as used in section 127 it would be useful to examine the dictionary meaning of the word 'notice.'
The WEBSTER'S ENCYCLOPEDIC UNABRIDGED DICTIONARY of the English language, refers the word “notice” as :
“information or intelligence to give notice of one's departure (2) and intimation; warning : to serve notice that smoking is not allowed; (3) a note placard, or the like conveying information or a warning: to post a notice about the fire laws (4) a notification of the termination, at a specified time, of an agreement, as for renting or employment, given by one of the parties to the agreement ; (5) observation, perception, attention, or heed ; a book worthy of notice (6) interested or favourable attention; to take notice of an unusual feature in the construction of a building.” (Emphasis supplied)
In the light of the aforesaid meaning of the word 'notice' by applying the principles of literal interpretation to the word 'notice' as used in section 127 of the MRTP Act it would imply that what is contemplated is an intimation or attention of the authorities by the owner or the person interested in the land under reservation that the land has remained under reservation for a period of 10 years from the commencement of the development/regional plan and that the authority should acquire the reserved land after the receipt of such information/notice”.
As the respondent Municipal Council has come with a specific case that the requisite fund for acquisition has not been received by the Government for grant of compensation and therefore, same was not deposited with the Collector shows that steps of acquisition are not taken by the respondent within the prescribed period of 24 months.
In that view of matter, we are of the opinion that petitioner is entitled for the reliefs sought and consequently, following order is passed:
O R D E R
The petition is allowed in terms of prayer clause (A) i.e. Declare that the reservation on area admeasuring 1.63 H.R. for ‘Garden’ vide Reservation No. 50, on the land owned by the petitioners having Survey No. 8/2D out of the total area admeasuring 1.93 H.R. of mouza Achalpur, Tq. Achalpur, Dist Amravati, has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 and that the petitioners are free to develop the land under Reservation No. 50 owned by them in the manner permissible to adjacent land as per Development Plan.
The State Government is directed to issue Notification expeditiously.
The petition is disposed of accordingly.