JUDGEMENT
-
(1.)Leave granted.
(2.)The question which arises for consideration in these appeals is
whether reservation of the parcels of land owned by the respondents in the
Regional plans/Development plans prepared under the Maharashtra Regional
and Town Planning Act, 1966 (for short, 'the 1966 Act') will be deemed to
have lapsed because the same were not acquired or no steps were commenced
in that respect within six months of the service of notice under Section
127 of that Act.
(3.)For the sake of convenience, we shall first notice the facts from the
record of the appeal arising out of SLP(C) No. 9934/2009.
3.1 Respondent Nos. 1 to 5 are the owners in possession of the land
comprised in Gat Nos. 44/1/2 and 44/1/4, CTS No. 2141 measuring about 2
hectares and 40 ares situated at Shrirampur Taluka, Shrirampur
(Maharashtra).
3.2 In the Development plan prepared for Shrirampur under the 1966 Act,
which was sanctioned by Director of Town Planning, Maharashtra vide order
dated 9.8.1991 and enforced with effect from 31.10.1991, the land of
respondent Nos. 1 to 5 was shown as reserved for primary school and
playground. However, the same was not acquired in accordance with the
provisions of Section 126 of the 1966 Act read with the Land Acquisition
Act, 1894 (for short, 'the 1894 Act').
3.3 After eleven and a half years of the reservation of their land,
respondent Nos. 1 to 5 issued purchase notice dated 29.5.2003 under Section
127 of the 1966 Act, which was duly served upon the Chief Officer of the
appellant Shrirampur Municipal Council, Shrirampur. The relevant portions
of the notice are extracted below:
"PURCHASE NOTICE
UNDER SECTION 127
Date:- 29.5.2003
To,
Hon. Chief Officer,
Nagar Parishad, Shrirampur,
Dist. Ahmednagar
Reference:-Development Plan (R) Shrirampur approved
Subject:- Purchase Notice Under Section 127 of Maharashtra Regional and
Town Planning Act, 1966.
We, the undersigned
1] Shrimati Satyabhamabai Bhimaji Dawkhar, Age - 70, Occupation
- Farming, House work,
2) Alka Shivaji Dawkher, age 47 years, Occupation - household 86 Agril
3) Sudhil Shivaji Dawkher, age 28 years, Occupation : Agril
4) Vijay Shivaji Dawkher, age 26 years, Occupation : Agril
5) Rushikesh Shivaji Dawkher, age 24 years, Occupation: Agril
All R/o Mahadeo Mala, Shrirampur, Ward No. 7, Dist. Ahmednagar.
Hereby give notice under Section 127 of the above stated Act that, the land
located within the city limits of Shrirampur out of Gat No.44 admeasuring
approx. 2.5 Hectare is owned by me and it has been reserved as Reservation
No.40 in Town Planning Scheme No.4. This reservation has been reserved
approx. 1 Acre for play ground. The sanctioned Development Plan (R)
Shrirampur of Shrirampur City has been granted final sanction by the
Director, Town Planning (State) Pune vide their notification no. D. P.
Shrirampur (Part) R/TPV 4-2837 Dated 31/12/91 and although more than 10
years duration has passed after getting the final sanction to the
Development Plan the Nagar Parishad has taken no action to acquire the said
land.
Through this notice you are being notified that, in case of your failure to
take suitable action to acquire the said land within 6 months of the
receipt of the said notice the land under reservation in Gat no. 44 shall
become free from reservation. Please take note. The said notice is being
issued in this behalf."
3.4 The notice issued by respondent Nos.1 to 5 was considered in the
meeting of the General Body of the appellant held on 30.8.2003 and the
following resolution was passed:
"It is seen from the note submitted on the above subject that the land
bearing Gat No. 44, CTS No.2141 (part) within the Municipal Limit is owned
by Smt. Satyabhamabai Davkhar, out of which 4815 sq.mtr. of area is
reserved for Play Ground, vide reservation No.40 and for Primary School &
Play Ground, vide reservation No.41. Since the Municipal Council has not
acquired the land under said reservations after 10 years of sanction of
Development Plan, the land owner Smt. Davkhar has served the purchase
notice under section 127 of Maharastra Regional and Town Planning Act,
1966.
The above referred lands are included in Town Planning Scheme No.IV. But
the above reservations are not included in Draft sanctioned Town Planning
Scheme No. IV. And hence the notice served by the owner is tenable and also
if the land acquisition proposal is not submitted to the Collector within
the period of Six months from the date of issue of notice the land will be
released from reservations.
Therefore, by passing this Resolution the sanction is given to initiate the
land acquisition process for the above two reserved sites. And accordingly
the proposal should be submitted immediately to the Collector, Ahmednagar.
The expenses that would be required for the land acquisition and to take
possession and the allied expenses are also hereby allowed."
3.5 In furtherance of the aforesaid resolution, the President of the
appellant sent communication dated 24.12.2003 to Collector, Ahmednagar and
requested him to take action for the acquisition of land comprised in Gat
No. 44, CTS No. 2141 (part). The Collector sought clarification on some
issues. The appellant did the needful vide letter dated 9.2.2004.
Thereafter, land was got measured through City Survey Officer and proposal
dated 25.1.2007 was submitted to the Collector for its acquisition. The
Collector passed order dated 17.4.2007 under Section 52-A of the 1894 Act
and authorized Sub-Divisional Officer, Shrirampur to take the necessary
steps.
3.6 In the meanwhile, respondent Nos. 1 to 5 filed Writ Petition No.
4774/2006 for grant of a declaration that the reservation of their land
stood lapsed in November, 2003 because the same had not been acquired
within six months of the service of notice under Section 127 of the 1966
Act. In support of their plea, respondent Nos. 1 to 5 relied upon the
judgment of this Court in Girnar Traders v. State of Maharashtra and others, 2007 7 SCC 555 (hereinafter referred to as 'Girnar Traders II') and of
the Division Bench of the Bombay High Court in Shivram Kondaji Sathe and others v. State of Maharashtra and others, 2009 2 AllMR 347.
3.7 The appellant contested the writ petition and pleaded that in terms
of resolution dated 30.8.2003, a proposal had been sent to the Collector
for the acquisition of land belonging to respondent Nos. 1 to 5 and vide
order dated 17.4.2007, the latter authorised the Sub-Divisional Officer to
do the needful.
3.8 The Division Bench of the High Court relied upon the judgments in
Shivram Kondaji Sathe and others v. State of Maharashtra and others
and Satyabhamabai v. State of Maharashtra and others, 2008 1 AllMR 399 as
also the judgment of this Court in Girnar Traders (II) and held that
reservation of the land in question will be deemed to have lapsed because
no steps were taken for acquisition thereof within six months of the
receipt of purchase notice. The High Court also directed the appellant to
de-reserve the land so as to enable the respondents to develop the same.