Ravindra Champalal Khinvasara v. The State Of Maharashtra Through Department Of Urban Development And Others

2024:BHC-AUG:18568-DB 914wp3920-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO. 3920 OF 2024 RAVINDRA CHAMPALAL KHINVASARA ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF URBAN DEVELOPMENT AND OTHERS .....Respondents .....

Mr. Devdatt P. Palodkar, Advocate for the Petitioner Mr. A. B. Girase, Government Pleader for the Respondents State Ms. Snehal Kulkarni, Advocate for Respondent Nos. 5 to 7

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 14th August, 2024 ORDER:

1.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2.

There is no dispute that the Petitioner is owner and possessor of the land admeasuring 948.351 sq. mtrs. and 1291.435 sq. mtrs. situated in Gat No.176 and 178 of Village Tisgaon, Taluka and District Chhatrapati Sambhajinagar. The sanctioned development plan dated 14.08.2001, for the purpose of a Primary and Secondary school and Playground, was notified by the CIDCO in the Waluj notified area. On 02.03.2019, the purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), was issued. Notice was served on the Planning Authority as well as the State Government.

914wp3920-24 No steps were taken, save and except, that the Development Rights Certificate (DRC) was offered by the Planning Authority. 3.

The law laid down by the Honourable Supreme Court in Girnar Traders Vs. State of Maharashtra, (2007) 7 SCC 555, Girnar Traders vs. State of Maharashtra and others, (2011) 3 SCC 1 and by the Full Bench of this Court in Shree Vinayak Builders and Developers Vs. State of Maharashtra and others, (2022) 4 Mh.L.J. 739 (Full Bench), squarely applies to the present case. No steps, as are expected in view of the law laid down in Girnar Traders (supra), have been initiated by the Planning Authority.

4.

In view of the above, this Writ Petition is allowed. The Planning Authority shall issue a letter to Respondent No.2, within 30 days from today, indicating that the reservation has lapsed. Respondent No.2 shall thereafter, issue a notification under Section 127(2) of the MRTP Act, within 60 days.

5.

Rule is made absolute in the above terms.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan