Case Note & Summary
The petitioners filed a writ petition before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking a declaration that the reservation on their property bearing Survey No.268, admeasuring 1 Hectare 18 Are, situated at Kinwat, District Nanded, had lapsed. They invoked Section 127 of the Maharashtra Regional and Town Planning Act, 1966, alleging that despite serving a statutory notice, the respondent authorities failed to acquire the land. The petitioners prayed for an order directing the respondents, particularly respondent No.1, to issue a Gazette notification regarding the lapsing of reservation as contemplated under Section 127(2) of the Act. An interim relief for the same was also sought. The court issued rule, made it returnable forthwith, and heard the matter finally with consent of the parties. The record does not contain further factual details, arguments, or the court’s decision.
Issue of Consideration
WRIT PETITION NO. 9989 OF 2021
Case Details
2025 LawText (BOM) (06) 4
WRIT PETITION NO. 9989 OF 2021
Nitin W. Sambre, Sachin S. Deshmukh
Shri M. V. Ghatge, Mrs. S. S. Joshi, Shri R. K. Ingole, Shri B. A. Darak
Sharanjeetkaur W/o Massasingh Sokhi, Gurpreetsingh S/o Massasing Sokhi, Verendrapal S/o Massasing Sokhi
The State of Maharashtra, The Collector, Nanded, The Director of Town Planning, State of Maharashtra, Pune, The Deputy Director of Town Planning, State of Maharashtra, Aurangabad Division, The Assistant Director of Town Planning, Nanded Waghala Municipal Corporation, Nanded, The Municipal Council Kinwat
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a declaration that reservation on land has lapsed and for consequential Gazette notification under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Remedy Sought
The petitioners sought (a) a declaration that the reservation on their property had lapsed due to inaction after service of notice under Section 127; (b) a direction to respondent No.1 to issue a Gazette notification about lapsing; and (c) interim relief for the same.
Filing Reason
The petitioners claimed that despite serving a notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, the respondents failed to acquire the reserved land, thereby causing the reservation to lapse.
Judgment Excerpts
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.
Petitioners have put forth following prayers : “A. The Hon’ble High Court may be pleased to issue a writ or direction or order … thereby hold and declare that the reservation on the property of petitioners … has lapsed in view of the inaction … despite service of notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966...”
Procedural History
Rule made returnable forthwith, heard finally with consent of counsel for all parties.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127, 127(2)
