V.M.KANADE, J. - (1.) BY this petition, the petitioners are seeking an appropriate writ restraining the respondents from acquiring petitioners' land bearing City Survey No.4386/B admeasuring 888.50 sq. meters, City Survey No. 4387 admeasuring 917.50 sq. meters and Survey No. 4388 admeasuring 5685 sq. meters collectively admeasuring 7491 sq. meters.
(2.) THE case of the petitioners is that these lands were reserved in the Town Planning Scheme No.1 which was finalised in the year 1976 for the Town of Bhiwandi. In the said Scheme, part of the plot was reserved for public road and remaining plot was reserved for primary school and play ground. Inspite of the said plot being reserved for the aforesaid purposes, no steps were taken by the respondents for acquiring the said land. Petitioners sent a notice under section 127 of the Maharashtra Regional and Town Planning Act dated 21/2/1987 asking the respondents to acquire the portion of the plot for road and other portion of the plot at the prevailing market rate. The said notice was duly received by the respondents. However, no steps were taken for the purpose of acquisition of the land. Petitioners have, therefore, filed the Petition in which they are seeking the aforesaid relief that the said land having lapsed from reservation as per the provisions of section 127 of the MRTP Act, the land can no longer be acquired and the petitioners should be permitted to develop the said land. The Chief Officer of respondent No.2 - Bhinwandi Nizampur Municipal Council has filed his reply in which in para 2 it is mentioned that site in question was reserved for school and play ground and a school is already constructed on the said site and about 1500 students are taking education in the said School. The Chief Officer of Respondent No.2 in para 3 of his reply has further stated that they are not interested in acquiring the site in question. It is further stated in the said affidavit that respondent No.3 - acquiring authority had demanded Rs 1,15,00,000/- for passing the Award in the said case and it was not possible to raise the said amount. Accordingly a Resolution was passed to that effect. The respondent - State as well as the Special Land Acquisition Officer and the Collector of Thane have not filed any affidavit though a direction was given by this Court from time to time.
(3.) IN our view, provisions of section 127 of the MRTP Act are squarely attracted in the present case and the notice having been served upon the respondents and since no steps have been taken within six months from the service of the notice, reservation is deemed to have been lapsed. The Respondent No. 2 - Bhinwandi Municipal Council also no longer requires the said land for the purpose for which it was reserved as already a school is running on the said site. In view of the affidavit filed by respondent No.2 and in view of the facts which are uncontroverted by the reason of failure on the part of the Government to file an affidavit, the Petition will have to be allowed.;