Ajaykumar Kisanchandji Dudhani v. The State Of Maharashtra, Thr. The Secretary, Urban Development Dept., Mumbai And ANR

2025:BHC-NAG:2681-DB

52. WP 6434 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6434/2024 Ajaykumar Kisanchandji Dudhani ...Versus...

The State of Maharashtra through the Secretary, Urban Development Department, State of Maharashtra, Mantralaya, Mumbai and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Ms Manjusha Dongre, Advocate for petitioner Mr. J.Y. Ghurde, AGP for respondent No.1 Mr. P.P. Kothari, Advocate for respondent No.2 CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATE : 17/03/2025 1.

It is not disputed that the land in question of Survey No.225 admeasuring 0.39 HR of village Datala Tq. and Distt. Chandrapur came to be reserved for the purpose of an Institute vide Reservation No.144 in the Regional Development Plan, dated 01/09/1998. No steps for acquiring the same were taken, as a result of which, on 23/05/2022 a notice under Section 127 of the Maharashtra Regional And Town Planning Act, 1966 was issued to the respondent No.2, the receipt of which, is not denied. In spite of the receipt of the notice, nothing has been done till date.

2.

Though Mr. Kothari, learned Counsel for the respondent no.2 submits that a proposal has been sent to the State for requisitioning the funds, and nothing has come out

52. WP 6434 of 2024.odt of it, that by itself cannot be a reason, for the law not to take its own course.

3.

In that view of the matter, since the receipt of the notice and passage of the statutory duration, thereafter, is not disputed, we have no choice than to declare that the Development Plan Reservation No.144 in respect of the aforesaid property stands lapsed.

4.

The writ petition is accordingly allowed in the above terms. The State to publish a notification accordingly within a period of four weeks from today.

5.

No order as to costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Wadkar