Parubai Alias Parwatibai Rangnath Pathare And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4116 OF 2020 Parubai @ Parwatibai w/o. Rangnath Pathare, Age: 58 years, Occup.Agril.

R/o. Rahuri Bk., Ta.Rahuri, Balasaheb Bhanudas Pathare, Age: Major, Occup. Agril.

R/o. : Rahuri Bk., Ta.Rahuri, Kamal @ Alka w/o. Suresh Pathare, Age: Major, Occup. Agril.

R/o. Rahuri Bk., Ta. Rahuri, 4] Manisha Somnath Mehetre Aeg: 33 years, Occup. Agril., R/o. Loni (Bk), Tq. Rahata, 5] Rupali Dinesh Bhujbal, Age: 30 years, Occup. Agril.

R/o. Aale, Ta. Junnar, District Pune.

6] Shraddha @ Alka Nanasaheb Varhade, Age: 42 years, Occup. Agril., R/o. Rahata, Ta. Rahata, 7] Subhash Rangnath Pathare, Age: 64 years, Occup. Agril., R/o. Rampur, Ta. Rahuri, 8] Sandhya Satyawan Gadge, Age: 31 years, Occup. Agril.,

R/o. Loni, Tq. Rahata, 9] Ramesh Rangnath Pathare, Age: 51 years, Occup. Agril., R/o. Kolhar [KD], Tq. Rahuri, 10] Pramila Sachin Tajane, Age: Major, Occup. Household, R/o. Shekaiwadi, Tal. Akole, 11] Latabai Nandkishor Shirsath, Age: Major, Occup. Household, R/o. Kolhar [KD], Tq. Rahuri, 12] Sumanbai Bhausaheb Pathare, Age: Major, Occup. Household, R/o. Rahuri Bk., Ta. Rahuri, 13] Anil Bhausaheb Pathare, Age: Major, Occup. Agril., R/o. Rahuri Bk, Ta. Rahuri, 14] Surekha Balasaheb Pathare, Age Major, Occup. Household, R/o. Rahuri Bk, Ta. Rahuri, District Ahmednagar. ..PETITIONERS

VERSUS

The State of Maharashtra Through its Secretary, Urban Development Department, Mantralaya, Mumbai - 32.

The Assistant Director of Town Planning, Ahmednagar.

The Municipal Council, Rahuri, Ta.Rahuri, Through its Chief Officer ..RESPONDENTS ...

Mr.Vijay B.Jagtap, Advocate for the petitioners.

Ms.V.N.Patil-Jadhav, AGP for the respondentState. Mr.R.N.Naiknaware, Advocate for respondent no.3.

...

CORAM: S.V.GANGAPURWALA & SHRIKANT D.KULKARNI,JJ.

DATE : 16.03.2021.

ORAL JUDGMENT : [PER : S.V.GANGAPURWALA, J.] Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing.

The land bearing Survey No.427 of the petitioner is reserved for weekly market and, Primary and Secondary School as site Nos.17 and 18 in the revised development sanction plan on 31.03.2003. The petitioners issued notice under Section 127 of The Maharashtra Regional and Town Planning Act, 1966, [for short 'MRTP Act'] on or about 5th June, 2014. It is received by the Municipal

Council on the same day. The contention of the petitioners is that no steps for acquisition were initiated within period stipulated under Section 127 of the MRTP Act, the land stands released from reservation.

Mr.Naiknaware, learned counsel for the Municipal Council submits that even before receipt of the notice, the respondent no.3 had forwarded the proposal for acquisition of the writ land. But, the State Government has not taken further steps.

4] We have heard learned AGP also.

5] The aforesaid factual matrix that the land of the petitioners bearing Survey No.427 is reserved as Site No.17 for weekly market and for Primary and Secondary School as Site No.18, is not disputed. Receipt of notice under Section 127 of the MRTP Act on 5th June, 2014, by the Municipal Council is also accepted by the Municipal Council.

6] It is admitted that the declaration under Section 126 of the MRTP Act read with Section 6 of the Land Acquisition Act and / or Section 19 of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is not issued till date.

7] Section 127 of the MRTP Act, acts as fetters on the powers of eminent domain.

8] The Hon'ble Apex Court in the case of Girnar Traders Vs. State of Maharashtra and others reported in 2011 [3] SCC 1 has held that steps for acquisition would mean issuing of declaration under Section 126 of the MRTP Act r/w. Section 6 of the Land Acquisition Act.

9] In the light of the fact that no steps for acquisition are initiated as yet and the notice has been issued more than 6 years back, the lands stand de-reserved from acquisition.

10] In the light of above, we pass the following order :

ORDER

i] The land of the petitioners stands de-reserved.

ii] The Notification to that effect be issued by the State.

iii] Rule made absolute in above terms.

No costs.

[SHRIKANT D.KULKARNI,J.] [S.V.GANGAPURWALA,J.] DDC