( 1 ) wp9152.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 34 WRIT PETITION NO. 9152 OF 2025 TULSHIRAM BANDU PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS Mr. S.H. Tripathi, Advocate for the petitioner. Ms. J.P. Reddy, AGP for the respondent-State. Mr. S.B. Munde, Advocate for respondent Nos. 4 and 5. CORAM : KISHORE C. SANT & AJIT B. KADETHANKAR, JJ. DATE : 06.08.2026 PC :- 01. Heard learned Advocate for the petitioner, learned AGP for the respondent-State and learned Advocate Mr.Munde for respondent Nos. 4 and 5. 02. The petitioner has approached this Court seeking declaration under section 127 of the Maharashtra Regional and Town Planning Act, 1966 that the reservation of his land bearing No. 222 shown as garden be declared as lapsed. So far as other land is concerned, which is affected by DP road, he is ready to accept TDR. For Jalgaon Municipal Corporation, the development plan was prepared and sanctioned on 10.08.2004. Since for 10 years no steps were taken to acquire the land. The petitioner issued purchase notice on 03.09.2021. Even for two years 2026:BHC-AUG:34691-DB ( 2 ) wp9152.25 thereafter no steps are taken to acquire the land. The petitioner, therefore, has approached this Court. 03. The dates stated in the petition are not disputed. The land of the petitioner is Survey No. 25/4 i.e. old Survey No. 25/2, admeasuring 95 R. Some portion of the land is affected by the garden and some portion is affected by DP road. Learned Advocate Mr. Tripathi vehemently argued that inspite of purchase notice, the respondent-Corporation has failed to take steps. He thus submits that the only effect of not responding to purchase notice and not initiating proceeding for acquiring the land is that the declaration should be made that the reservation is lapsed. He relied upon an order passed by this Court in Writ Petition No. 12256 of 2024. He further submits that he has no objection to receive TDR to the extent of land affected by DP road. 04. Learned Advocate for the respondent-Corporation is not in a position to dispute the dates and the facts stated in the petition. It is only stated that due to paucity of funds, the Corporation is not in a position to pay the amount of compensation. It is further stated that the Corporation is always ready to offer TDR, however, the petitioner is not ready to accept the TDR for the entire land. Learned Advocate for the ( 3 ) wp9152.25 respondent-Corporation has placed on record written instructions received by him vide communication dated 03.07.2026. Same are taken on record and marked “X” for the purpose of identification. 05. Learned AGP prays for passing appropriate order. 06. This Court finds that a clear case is made out to allow this petition considering the provisions of section 127 of the MRTP Act. 07. Therefore, this Writ Petition stands allowed. The reservation of land bearing Survey No. 25/4 (old Survey No. 25/2), situated at Khedi Budruk, Taluka and District Jalgaon, is declared as lapsed. The petitioner shall be entitled to receive TDR to the extent of land affected by development plan road. Said notification be published in the official gazette within six months from today. 07. This Writ Petition accordingly stands disposed off. [AJIT B. KADETHANKAR, J.] [KISHORE C. SANT, J.] snk/2026/Aug26/wp9152.25