-- 1 -- WP 7532.2025 (J).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR WRIT PETITION NO. 7532 OF 2025 M/s. Ateshyam and Sadakat Ali, Through its partner Ateshyam Sadakat Ali, R/o.Sneha Nagar Abnhyankar Ward, Warora, Tah. Warora and Dist.Chandrapur .. Petitioner Versus 1. State of Maharashtra through the Additional Chief Secretary, Urban Development Department, Mantralay, Mumbai .. Respondents 2. The Warora Municipal Council, Through its Chief Executive Officer, Abnhyankar Ward, Warora, Tah. Warora and Dist. Chandrapur --------------------------------------------------------------------------- Ms. Disha Kamwani, with Mr. M. Anilkumar Shankarlal, Advocates for petitioner. Mr. A.J.Gohokar, AGP for respondent No.1-State. Mr. Tejas Deshpande, Advocate for respondent No.2. --------------------------------------------------------------------------- CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATE : SEPTEMBER 04, 2026 ORAL JUDGMENT (PER : RAJNISH R. VYAS, J.) (1) At the outset, learned counsel for the petitioner submits that in prayer clause ‘A’, inadvertently the total area admeasuring about 0.81 HR is wrongly mentioned. She, therefore, seeks permission to carry out necessary correction in prayer clause ‘A’. PAGE 1 OF 5 2026:BHC-NAG:11706-DB -- 2 -- WP 7532.2025 (J).doc (2) Permission is granted. Amendment be carried out forthwith. The learned counsel for the petitioner voluntarily submits that she would deposit costs of Rs.1,000/- (Rupees One Thousand only) in the High Court Legal Services Sub-Committee, Nagpur. Let the costs be deposited within two weeks. (3) Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties. (4) The petitioner claims to be the owner of the part and parcel of land bearing Khasra No.423, situated at Mouza : Warora, Tahsil Warora, District – Chandrapur, total area ademasuring about 0.81HR. The Development Plan of Warora City, came into force on 28/12/2012 and that 0.45H.R. out of 0.81HR land belonging to the petitioner was shown reserved for the purpose of ‘Primary School’. (5) As the said land was not acquired by the respondents, a notice dated 26/09/2023 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘Act of 1966’) was issued by the petitioner, said notice was received by respondent No.2. On 12/10/2023, the respondent No.2 issued a communication to the petitioner and called upon to consider and develop the reserved land as “Accommodation Reservation”. The communication was replied by the petitioner on 13/10/2023 and it was pointed out that the petitioner was PAGE 2 OF 5 -- 3 -- WP 7532.2025 (J).doc not willing to develop the said land as per the “Accommodation Reservation”. (6) Again a request was made by the petitioner to release the land under Section 127 of the Act of 1966. On 13/05/2025, the respondent No.2 issued a fresh notice to the petitioner and offered him Transfer of Development Rights (TDR) against the land reserved. On 19/05/2025, the petitioner issued a communication refusing to accept the offer with a further request to declare lapsing of reservation under Section 127 of the Act of 1966. In this background, learned counsel for the petitioner has contended that as the time period prescribed under Section 127 of the Act of 1966 for taking any steps of acquisition within 24 months from the service of notice is not honoured, it entitles him to pray such relief. (7) In pursuance with the notice, the respondent No.2 has appeared and filed its reply, in which, it did not dispute that receipt of purchase notice. It was stated that on 02/11/2023, the resolution was passed to forward proposal to the Collector, Chandrapur for acquisition of land as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. According to the respondent No.2 in pursuance with the Resolution dated 02/11/2023, the Chief Officer of respondent No.2 has issued a communication dated 17/01/2024 to the Collector, PAGE 3 OF 5 -- 4 -- WP 7532.2025 (J).doc Chandrapur, requesting him to take necessary steps for measurement of land in question and for making necessary funds available. (8) In the aforesaid background, we have heard the respective counsels and have given our thoughtful consideration to the arguments advanced. (9) It is not disputed that the Development Plan has came into force on 28/12/2012 and purchase notice was duly received on 27/09/2023. Thereafter, the passing of Resolution for acquisition of land at the instance of respondent No.2 – Municipal Council, so also offering the Transfer of Development Rights to the petitioner would not mean that the steps of acquisition were taken. The expression ‘steps’ as mentioned in Section 127 of the Act of 1966 refers to the statutory steps as contemplated therein. Mere administrative correspondence, passing of Resolution or other preliminary actions, not resulting in commencing of acquisition proceedings, in the manner prescribed by law cannot defeat statutory consequences of lapsing of reservation under Section 127 of the Act of 1966. In the aforesaid background, we are inclined to allow the present petition in the following terms :- ORDER 1. The petition is allowed. PAGE 4 OF 5 -- 5 -- WP 7532.2025 (J).doc 2. It is declared that the area of the land admeasuring 0.45HR out of 0.81HR in Khasara No.423, situated at Mouza-Warora, Tahsil-Warora, District-Chandrapur has lapsed and the land stood de-reserved under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 and the petitioner is free to develop the land owned by him in the manner permissible to adjacent land as per Development Plan. 3. The respondent State is directed to issue notification expeditiously. 4. 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: 04/09/2026 19:05:24