Chitra Sonawane. 34-WP-9352-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9352 OF 2026 Swastik Spaces Ltd .. Petitioner Vs. The State of Maharashtra & Ors. ... Respondents. ... Mr. Abhijit P. Kulkarni a/w Abhishek Roy i/by Sweta Shah for the Petitioner. Mrs Neha Bhide, GP a/w Ms Gauri Phadake h/f Manish Kelkar for R-1/State. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 28th SEPTEMBER, 2026. P.C. : 1. Heard Mr. Abhijit Kulkarni, the learned Counsel for the Petitioner. 2. The instant Petition has been preferred by the Petitioner with following substantive reliefs : "b. That this Hon'ble Court be pleased to issue a writ or any appropriate writ, order or direction in the nature of writ thereby declaring that the land bearing Survey No. 115/B, Plot No. 1 reserved for Market Reservation vide reservation no. 479 admeasuring 1004.31 sq. mtrs., and Parking Lot Reservation vide reservation no. 480 admeasuring 1448.88 sq. mtrs., total aggregating to 2453.19 sq. mtrs. out of the total land admeasuring 7348 sq. mtrs., sanctioned through 1 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2026.09.29 12:05:52 +0530 Chitra Sonawane. 34-WP-9352-2026.doc the notification dated 9th February, 2007 has been lapsed and released from the said reservation as per the provisions of the Section 127 of the MRTP Act. c. That this Hon'ble Court be pleased to issue a writ of mandamus thereby directing the Respondents to forthwith notify the lapsing of the said reservation in respect of the said land by issuing appropriate notification in the official gazette." 3. Mr. Kulkarni would state that the Petitioner owns a land bearing Survey No. 115/B, Plot No.1 admeasuring 7348 sq. mtrs. situated at Village -Gokhivare, Taluka - Vasai, District - Palghar within the limits of Vasai Virar City Municipal Corporation ("said land" for short). According to him, some portion of the said land is specified/designated/reserved under the Development Plan of Vasai Virar Sub Region sanctioned through the Government Notification dated 9th February, 2007 reserved for Market and Parking Lot Reservation, has been lapsed. 4. In view of the order proposed to be passed we are not inclined to issue notices to the Respondents. 5. The entire claim is set up as per the provisions under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (for short "MRTP Act"), on the ground that the final Development Plan was sanctioned/approved as per the Government Notification dated 9th February 2007. Since then no concrete steps have been taken to proceed further in the matter. In support of his submission, he would place reliance on the decision of the Supreme Court in Girnar Traders Vs. State 2 Chitra Sonawane. 34-WP-9352-2026.doc of Maharashtra & Ors.1. He would submit that inspite of Purchase Notice dated 8th May 2023 issued, as envisaged under Section 127 of the MRTP Act, until date the Respondent/Competent Authority, has not acquired the land of the Petitioner. 6. Considering the factual situation as emerged in this Petition, we direct the Respondent/Competent Authority to consider/decide the Purchase Notice of the Petitioner dated 8th May 2023, within 3 months, in accordance with law. 7. We make it clear that we have not adverted to the merits of the matter. 8. In the aforesaid terms, the Writ Petition stands Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 1 (2007)7 SCC 555. 3