THE GHAR BACHAV SAMITI THR BHARAT BABU VITKAR AND ORSversusTHE STATE OF MAHARASHTRA, URBAN DEV. DEPT. AND ORS

                             PDP                                                  20-WP-12537-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
          Digitally signed
          by PRAVIN
PRAVIN    DASHARATH
DASHARATH PANDIT
                                             WRIT PETITION NO. 12537 OF 2026
PANDIT    Date:
          2026.09.29
          10:19:01 +0530




                             The Ghar Bachav Samiti
                             through its authorized
                             Signatories                                  .. Petitioners

                                          Vs.

                             The State of Maharashtra & Ors.              .. Respondents
                                                            ...
                             Mr. Umeshkumar K. Bisen for the Petitioners.
                             Mrs. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar,
                             Addl. Government Pleader and Mrs. G. R. Raghuwanshi, AGP for
                             Respondent Nos.1 to 3 – State.
                                                            ...

                                          CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                  ADVAIT M. SETHNA, J.

                                         DATE      : 28th SEPTEMBER, 2026.

                             P.C. :

                             1.          We have heard the learned Counsel for the Petitioners.


                             2.          In view of the order that we propose to pass today, we are
                             not inclined to issue notice to the Respondents or keep the matter
                             pending.


                             3.          The instant Writ Petition is preferred under Article 226 of
                             the Constitution of India for a direction to the Respondents to declare
                             that the reservation of land bearing Survey Nos.56/3, 56/4 and 56/5
                             of Mouja Kharadi, Taluka Haveli, District – Pune is illegal and void
                             and it be declared as lapsed under Section 127 of the Maharashtra

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Regional Town Planning Act, 1966 (in short, “the MRTP Act”) in
respect of the proposed reservation dated 30th November, 2005 in
Revised Development Plan for the city of Pune for S.T. Depot and
Timber Market vide Reservation dated 21 st May, 2007. Subsequently,
the Draft Development Plan was submitted for modification under
Section 28(4) of the MRTP Act and in terms of EP-57 to 78 of the
Development Plan sanctioned by the Government vide notification No.
TPS-1813/CR-596/13/EP Sanction UD-13 dated 13th February,
2014. On 26th March, 2024, the Petitioners issued a formal statutory
representation/notice under Section 127 of the MRTP Act to the
Respondent-Authorities stating that because no steps for acquisition
were taken within ten years, the reservation had lapsed and could not
be revived, demanding that the subject land be de-reserved. The said
representation/notice under Section 127 of the MRPT Act is still
pending consideration.


4.         The learned Counsel for the Petitioners submits that as
the Revised Plan was approved way back on 13 th February, 2014 and
sufficient time has been lapsed, a direction be issued to the
Respondents to process the representation/notice dated 26 th March,
2024 under Section 127 of the MRPT Act of the Petitioners for de-
reserving the subject land of the Petitioners.


5.         In this backdrop the learned Counsel for the Petitioners
confined to the relief that since the statutory period, i.e., 10 years,
has lapsed, the Respondents may be directed to process the
representation/notice dated 26th March, 2024, under Section 127 of
the MRTP Act, of the Petitioners in accordance with law.


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6.         Considering the factual situation as emerged before us, we
find that the MRTP Act itself is self contained Act. As it is claimed
that the revised plan was approved on 13th February, 2014, we direct
the Respondent-Authorities to decide the representation/notice dated
26th March, 2024 under Section 127 of the MRPT Act of the
Petitioners in accordance with law expeditiously, preferably within
three months from the date of production of certified copy of this
Order.


7.         In view of the above, Writ Petition is Disposed Of.


8.         Needless to state, we have not adverted to the merits of the
matter and all contentions are kept open.




[ADVAIT M. SETHNA, J.]                           [CHIEF JUSTICE]




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