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Judgment
Sunil B. Shukre, J
Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.
The reservations for primary school and play ground were provided for the first time on 15th September, 2006. After lapse of period of ten years from 15th September, 2006, purchase notice was issued to the Petitioners on 20th March, 2019. However, as seen from the reply of the Respondent Nos.1 and 2, no steps for acquisition of the subject land, as contemplated in law, have been taken by the Corporation, for which a proposal was sent by the Corporation to the Collector for initiating the process of acquisition, in accordance with law. It was done by the resolution passed by the General Body of the Corporation to that effect. These facts are not in dispute. This clearly indicates, and as stated by us earlier, that no steps for acquisition of the subject land, in accordance with law, have been taken in the present case and this would, in our view, crystlize the rights of the Petitioners to seek a declaration that there is lapse of reservation and that the subject land has become free from any reservation.
In view of above, we pass the following order :-
(i). We allow the Petition and declare that Reservation No.235, existing on the subject land has stood lapsed. The Petitioners are free to use their land in accordance with law.
(ii). In respect of the subject land, to the extent of 1665 sq. mtrs., as mentioned in the purchase notice, the Petitioners would be at liberty to use the land as per their free will, in accordance with law.
(iii). We further direct Respondent No.3 to issue notification in terms of Section 127 (2) of the Maharashtra Regional and Town Planning Act, 1966, within a period of three months from the date of receipt of writ of this order.
Rule is made absolute in aforesaid terms. No costs.
Petition is disposed of.