-1- 902.WP.714.2026.J.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 714 OF 2026 PETITIONER : Integra Realties Private Limited, through its authorized signatory Shri Atul Shantaram Barahate having office at D-4, Trimurti Apartment, 67, Khare Town, North Ambazari Road, Dharampeth, Nagpur-440010. //VERSUS// RESPONDENTS : 1. The State of Maharashtra, through the Secretary Urban Development Department, Mantralaya, Mumbai. 2. The Nagpur Municipal Corporation City of Nagpur, through its Municipal Commissioner, Nagpur Municipal Corporation, Civil Lines, Nagpur. 3. The Nagpur Municipal Corporation City of Nagpur, through its Deputy Director, Town Planning Department, Nagpur Municipal Corporation, Civil Lines, Nagpur. __________________________________________________________ Mr. Y.R. Kinkhede, Advocate for the Petitioner. Mr. A.J. Gohokar, AGP for Respondent No.1. Mr. Girish A. Kunte, Advocate for Respondent Nos.2 & 3. __________________________________________________________ CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 7 th JULY , 2026. ORAL JUDGMENT (PER : RAJ D. WAKODE, J.) 2026:BHC-NAG:8739-DB -2- 902.WP.714.2026.J.odt Heard Mr. Y.R. Kinkhede, learned counsel for the petitioner, Mr. A.J. Gohokar, learned Assistant Government Pleader for respondent No.1/State, and Mr. Girish A. Kunte, learned counsel for respondent Nos.2 and 3. 2. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. 3. The facts leading to filing of the present writ petition are as under: The petitioner is a company duly incorporated under the Companies Act, 1956 and is owner of the land bearing Khasra No.136/1, admeasuring 1.74 H.R., situated at Mouza Chinchbhuvan, Taluka and District Nagpur (herein referred to as “the aforesaid land” for the sake of brevity). The Revised Final Development Plan of Nagpur City was sanctioned and came into force with effect from 10.09.2001. In the aforesaid Revised Final Development Plan, an area admeasuring 0.40 Hectares, Khasra No. 136/1(P) was reserved as MS-124 for ‘NAKA’. Though the aforesaid Revised Development Plan came into effect on 10.09.2001, for a period of ten years the respondent No. 3 - Municipal Corporation, which is a ‘Planning Authority’, did nothing in the matter and did not take any steps for acquiring the aforesaid land for the public utility, viz. ‘NAKA’. -3- 902.WP.714.2026.J.odt 4. The petitioner on 31.07.2023 issued a purchase notice under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the aforesaid Act” for the sake of brevity), which is placed on record at page No. 54 (Annexure-3 colly). The aforesaid notice was duly served on the respondent Nos.2 and 3 on 31.07.2023 itself. In response to the said notice, respondent No. 3, vide communication dated 14.08.2023, called upon the petitioner to furnish certain ownership and revenue records. The communication is at record page No.58 (Annexure-4). The aforesaid communication admits receipt of purchase notice on 31.07.2023. It also admits the receipt of City Survey Property Card and Sale Deed along with aforesaid notice, but demands additional documents like ‘K’ Prat, Measurement Sheet, Part Plan, etc. In compliance therewith, the petitioner duly submitted the requisite documents, including the Sale Deed, 7/12 extracts, Property Card, K-Prat, and relevant Development Plan documents, on 04.09.2023. Even after passage of twenty-four months from the receipt of such notice on 31.07.2023, since the respondent Nos.2 and 3 did not take any steps as contemplated under Section 126(2) or (4) of the aforesaid Act, the petitioner has approached this Court seeking a declaration that the reservation of the aforesaid land stands lapsed. 5. In response to the notice issued by this Court, the respondent Nos.2 and 3 appeared through their counsel and filed their -4- 902.WP.714.2026.J.odt reply on 08.04.2026 in which they specifically admitted that the purchase notice under Section 127(1) of the aforesaid Act was received on 31.07.2023. However, the respondent Nos.2 and 3 have failed to point out any steps taken by them as contemplated under Section 126(2) or (4) of the aforesaid Act for acquisition of the aforesaid land. The respondent Nos.2 and 3 in paragraph 4 of their reply have contended that the petitioner had not submitted any proper documents including a measurement sheet, which is required to ascertain the location of the reservation. The respondent Nos.2 and 3 have also opposed the present writ petition on the ground that the purchase notice issued under Section 127(1) of the aforesaid Act was not served in proper manner, therefore, the same cannot be construed as a valid notice. 6. The said ground as raised by the respondent Nos.2 and 3 deserves to be rejected on the ground that this Court in catena of decisions has held that once the statutory period of twenty four months as provided by Section 127 of the aforesaid Act is over, the Planning Authority cannot oppose the lapsing of the reservation on the ground that the purchase notice was defective. Also, the fact remains that this Court, while deciding Writ Petition No. 7418/2022 (Meeta Yuvraj Bakde and Anr. Vs. State of Maharashtra and Anr., decided on 05.09.2023) has observed that measurement sheet is not a requisite -5- 902.WP.714.2026.J.odt document which is required to be submitted along with the purchase notice under Section 127 of the aforesaid Act. 7. For the reasons stated above, in our considered opinion, the present writ petition deserves to be allowed in view of the well settled legal position holding the field and the provisions of Section 127 of the aforesaid Act since the reservation of the aforesaid land stood lapsed after expiry of twenty four months from the date on which the purchase notice was served upon the respondent Nos.2 and 3, i.e., on 31.07.2023. Accordingly, the following order is passed: ORDER (i) The writ petition is allowed. (ii) It is declared that the reservation for Site No. MS-124 for ‘NAKA’ in respect of land bearing Khasra No.136/1(P) admeasuring 0.40 H.R. of Mouza Chinchbhuvan, Taluka and District Nagpur, stands lapsed under Section 127 of the aforesaid Act, and the petitioner is free to develop the aforesaid land in the manner admissible to the adjacent owners as per the Regional Development Plan of Nagpur City. (iii) The respondent No.1 shall, within a period of eight weeks from the date of receipt of copy of this judgment, publish a notification -6- 902.WP.714.2026.J.odt in the official gazette thereby declaring lapsing of reservation for Site No. MS-124 for ‘NAKA’ in respect of land bearing Khasra No.136/1(P) admeasuring 0.40 H.R. of Mouza Chinchbhuvan, Taluka and District Nagpur. 8. Rule is made absolute in the above terms. No order as to costs. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar