Riyaz I. Chagla J. - (1.) Rule. Rule made returnable forthwith. Heard by consent of the parties.
(2.) Both Writ Petitions seek similar relief viz. declaring that reservation of the land belonging to the Petitioners to the extent of 2600 Sq. mtrs. situated at village Panchak Taluka, District Nashik within the territorial limits of Nashik Municipal Corporation from survey No. 65/3 has lapsed from reservation of Dispensary, 18 mtrs. D.P. Road, play ground, maternity home and shopping centre in Development Plan of 1993 ("the first Petition") and for declaring that reservation of land belonging to the Petitioner to the extent of area of 3537 Sq. mtrs. survey No. 36/A/1/1A situated at Village Panchak, Nashik has lapsed from reservation of the 60 Mtrs. and 12 Mtrs., D.P. Road as shown in Development Plan of 1993 of Nashik Municipal Corporation ("the second Petition"). These Petitions have claimed lapsing of reservation of the respective lands under Section 127 of the Maharashtra Regional and Town Planning Act (for short "the Act"). The Petitions further seek a direction against the Respondents to permit the Petitioners to develop respective lands as in the case of the adjacent lands by treating the reservation as lapsed. These Petitions are being disposed of by this common judgment.
(3.) For convenience and since the facts are similar, the facts in the first Petition have been adverted to. The Petitioner is the Karta of a joint family whose members have been mentioned in paragraph 1 and which includes the Petitioner in the second Petition. This Petition has been filed on behalf of the members of the joint family. The Petitioner claims to the owner of the said land, also described in paragraph 2 of the Petition. The Petitioner's land was shown to be reserved in the Development Plan of 1993, prepared and sanctioned by the Respondent No.2, Nashik Municipal Corporation. The land was shown to be reserved for the purpose of dispensary, 80 mtrs. Development Plan road, play ground, maternity home and shopping centre. It is the case of the Petitioner that for more than 10 years no proceedings for acquisition of the land belonging to the Petitioner was initiated, much less finalized by the Respondents. The Petitioner issued purchase notice under Section 127 of the Act calling upon the Respondents to take steps for acquisition of land. The purchase notice dated 29th October, 2013 was served on the Respondents on 31st October, 2013. It is the case of the Petitioner that after expiry of the prescribed period from service of the purchase notice under Section 127 of the Act, the reservation of the Petitioner's land lapsed. The Petitioner made various representations to the Respondent for issuance of Notification of lapsing of reservation under the Act but these representations were not entertained. The purchase notice which was served on the concerned Respondents enclosed the material document viz. the 7/12 extract showing the land being owned by the Petitioner. The Assistant Director, Town Planning still asked the Petitioners to produce certain other documents mentioned in a letter dated 11th December, 2013. A similar letter dated 12th December, 2013 was issued by the Estate Manager of Respondent No.2 Corporation. The Petitioner had replied to this letters through his Advocate on 8th January, 2014 stating that the requirement of various documents was not a prerequisite for initiating acquisition proceedings and the material documents viz. 7/12 extract showing ownership and title of the Petitioner would itself be sufficient.;