-- 1 -- WP 5888.2024 (J).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR WRIT PETITION NO. 5888 OF 2024 Mahesh Shivchand Chudiwal Age 54 years, Occupation Business & farmer, R/o Gandhi Chowk, Vali Sahib Ward, Arvi City, Tq. Arvi, Dist. Wardha .. Petitioner Versus 1. The State of Maharashtra through the Director of Town Planning and Valuation Department, Central Building, Pune 411001 .. Respondents 2. The Assistant Director Town Planner, Ambedkar Square, Sawangi Road, Near Stadium, Wardha 3. The Municipal Council (M.C.)/Nagar Parishad Arvi, through its Chief Officer, Tq. Arvi, Dist. Wardha --------------------------------------------------------------------------- Mr. G.K.Mundhada, Advocate for petitioner. Ms. M.H.Deshmukh, AGP for respondent Nos.1 & 2. Mr. P.P.Deshmukh, Advocate for respondent No.3. --------------------------------------------------------------------------- CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATE : AUGUST 31, 2026 ORAL JUDGMENT (PER : RAJNISH R. VYAS, J.) (1) Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties. PAGE 1 OF 5 2026:BHC-NAG:11427-DB -- 2 -- WP 5888.2024 (J).doc (2) The prayer made in Clause (A) of the petition reads as under:- “A. Declare that the land affected by reservation for Primary School vide reservation no.27 admeasuring area 11723.30 sq.mts., Park area vide reservation no.2 admeasuring area 9986.14 sq.mts. and D.P. Road 1235.00 Sq.mts. out of Survey No.51, total area admeasuring 3.10HR of Village Shahapur Tq. Arvi Dist.Wardha (hereinafter “said land”) in the development plan of Arvi city has lapsed u/s 127 of the Maharashtra Regional and Town Planning Act, 1966 and that the petitioner are free to develop the land owned by him in the manner permissible to adjacent land as per Development Plan.” (3) In the present petition the petitioner is claiming benefit of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘Act of 1966’). Learned counsel for the petitioner submitted that the petitioner is the owner of Survey No. 51, admeasuring 3.10H.R., situated at Village Shahapur, Tahsil Arvi, District Wardha, which falls within the limits of the Development Plan of the Municipal Council, Arvi. The final Development Plan of the city of Arvi was sanctioned by the State Government, which was approved on 21/10/2011 and came into force on 01/12/2011. (4) The final plan shows that, out of the aforesaid land, an area admeasuring 11,723.30 sq. mtrs. was shown as reserved for a Primary School vide Reservation No.27; an area admeasuring 9,986.14 sq. mtrs. was shown as reserved for a Park and an area admeasuring 1,235.00 sq. mtrs. was shown as reserved for a D.P. Road vide Reservation No.2. PAGE 2 OF 5 -- 3 -- WP 5888.2024 (J).doc (5) The petitioner argued that, despite the lapse of 10 years from the date on which the final Regional/Development Plan came into force, no steps were taken for acquisition of the said land. On 23/08/2022, the petitioner thereafter issued a purchase notice, calling upon respondent No.3 to acquire the land by paying compensation. The notice was accompanied by the 7/12 extract, measurement sheet, copy of the sanctioned plan, and part plan of the Development Plan. The notice was received by the respondents. The postal receipt of service of notice was dated 26/08/2022. Thereafter, the respondent No.1 issued a communication dated 01/09/2022 and informed respondent No.3 to acquire the said land. Learned counsel for the petitioner submitted that, since no steps were taken of acquisition and the land was not acquired, the rights of the petitioner under Section 127 of the Act of 1966 stood crystallized in his favour. Thus, the present petition came to be filed. (6) In pursuance of notice issued by respondent Nos.1 and 2 have filed their affidavit in reply dated 13/02/2025. In their reply, it is contended that the respondent No.1 has not received any proposal from respondent No.3 with respect to notice dated 23/08/2022 or purchase notice. It was stated that after receipt of such proposal from the respondent No.3, so also, after verification of statutory compliances, the Director of Town Planning, Maharashtra State Pune can take appropriate steps under Section 127(2) of the Act of 1966. PAGE 3 OF 5 -- 4 -- WP 5888.2024 (J).doc (7) The respondent No.3 has filed its reply dated 02/04/2026 on record and contended that it had passed a Resolution in its meeting dated 22/11/2022, in which it was resolved to acquire the land of the petitioner by sending proposal to District Collector, Wardha. It was further stated that due to weak financial condition of the answering respondent, the land could not be acquired within time. It is in this background, we have considered the arguments advanced. (8) It is undisputed that the Development Plan came into force on 01/12/2011 and the purchase notice was issued on 23/08/2022. The receipt of notice is also not disputed. It is also clear that in spite of lapse of 24 months from the receipt of purchase notice, no steps of acquisition of the said land were taken. Merely because internal communication was made, it would not mean that the same would amount to “taking steps of acquisition”. It is not disputed by respondent No.3 in its reply dated 02/04/2026 that, due to its weak financial condition, the land could not be acquired within the stipulated time. (9) In that view of the matter, it is clear that the petitioner has made out a case that his land was not acquired in statutory time limit provided under Section 127 of the Act of 1966, which results into passing following order :- PAGE 4 OF 5 -- 5 -- WP 5888.2024 (J).doc ORDER 1. The petition is allowed in terms of prayer clause (A) which reads as under :- “A. Declare that the land affected by reservation for Primary School vide reservation no.27 admeasuring area 11723.30 sq.mts., Park area vide reservation no.2 admeasuring area 9986.14 sq.mts. and D.P. Road 1235.00 Sq.mts. out of Survey No.51, total area admeasuring 3.10HR of Village Shahapur Tq. Arvi Dist.Wardha (hereinafter “said land”) in the development plan of Arvi city has lapsed u/s 127 of the Maharashtra Regional and Town Planning Act, 1966 and that the petitioner are free to develop the land owned by him in the manner permissible to adjacent land as per Development Plan.” 2. The respondent State is directed to issue notification expeditiously. 3. The petition is disposed of accordingly. (10) Rule is made absolute in the above terms. [ RAJNISH R. VYAS, J. ] [ ANIL S. KILOR J.] KOLHE PAGE 5 OF 5 Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 31/08/2026 19:57:36