22-WP-13192-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13192 OF 2024 J. K. Realities ...Petitioner. Versus The Chief Oicer, Satara Municipal Council and Others ...Respondents. —————— Mr. Vaibhav Gaikwad with Mr. Kapil Indapurkar, for the Petitioner. Mr. Sarang S. Aradhye with Ms. Dnyaneshwari Utpat & Mr. Shantanu Gurav, for the Respondent No.1. Ms. Tejas J. Kapre, AGP for the Respondent No.2 & 3-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 08, 2026. P. C. : 1. By the present petition, the Petitioner seeks a declaration that the reservation by the Respondent No.1 in respect of the property being CTS No.226 admeasuring 645 Sq. Mtrs. out of total of 1424.8 Sq. Mtrs. reserved under Reservation No.55 for the purpose of ‘Vegetable Market and Shopping Center’ under the Final Development Plan dated 15th September 2001 has lapsed and to permit the Petitioner to develop the property in question in accordance with law. 2. The facts are mostly undisputed. The Petitioner’s land bearing CTS No.226 admeasuring 645 Sq. Mtrs. out of the total land of CTS No.226 was reserved in the Final Development Plan of the year 2001 for Gaikwad RD 1 of 4 22-WP-13192-2024.doc vegetable market and shopping center. There is no dispute about the Petitioner’s ownership of the land. Within a period of ten years, no steps were taken for acquisition of the land and on 15th July 2015, the Petitioner served a statutory notice to the Respondent No.1 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’), calling upon the Respondent No.1 to acquire the property. After receiving the notice, the Satara Municipal Council, by reply dated 10th August 2015, ofered TDR/FSI in lieu of the reserved land. Despite the issuance of the notice under Section 127 of the MRPT Act, no steps were taken as contemplated under Section 127 of MRTP Act. Hence the present petition came to be iled. 3. The learned counsel appearing for the Petitioner would point out the notice dated 15th July 2015, calling upon the Respondent No.1 to acquire the land. He would further point out that by the reply notice, TDR/FSI was ofered, however, no steps were taken towards acquisition of the land. He would submit that as no steps of acquisition were taken, despite the service of the purchase notice upon the Respondent No.1, the reservation has lapsed under Section 127 of MRTP Act. 4. He would further point out the reply Aidavit of the Respondent No.1, whereby a proposal has been forwarded to the State Government for de-reserving the Petitioner’s land. He submits that an appropriate Notiication is required to be issued by the State Government of lapsing Gaikwad RD 2 of 4 22-WP-13192-2024.doc of the reservation and the land be made available for development as permissible to the adjacent lands. 5. The learned counsel appearing for the Respondent No.1 would not dispute the service of the purchase notice and the failure to take any steps of acquisition after the receipt of purchase notice. He would point out that the Respondent No.1, on 20th July 2026, has forwarded proposal to the Town Planning Department of Maharashtra State seeking de-reservation of the land, being conscious of the fact that after the service of the purchase notice, no steps of acquisition were taken within the statutory period. 6. Considering the undisputed facts of the land being reserved in the Final Development Plan of the year 2001 and no steps having been taken for a period of ten years after the sanction of the plan and despite the service of notice in the year 2015, letting the period of two years under Section 127(1) of the MRTP Act lapse from the date of the service of the purchase notice, the inevitable conclusion is that the reservation has lapsed and the land is deemed to be ‘released’ from such reservation. The Respondent No.1 has itself forwarded the proposal on 20th July 2026 to the Town Planning Department seeking de-reservation of the land. 7. As there are no steps taken of acquisition, the Petitioner is entitled to the relief of declaration of lapsing of reservation on the suit Gaikwad RD 3 of 4 22-WP-13192-2024.doc property bearing CTS No.226 admeasuring 645 Sq. Mtrs., which was reserved under Reservation No.55 for vegetable market and shopping center. 8. The State Government is directed to notify the lapsing of reservation by an order published in the Oicial Gazette within a period of two weeks from today. 9. The petition is allowed in above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Gaikwad RD 4 of 4 RAJU DATTATRAYA GAIKWAD Digitally signed by RAJU DATTATRAYA GAIKWAD Date: 2026.09.09 12:46:14 +0530