UDDHAVRAO GYANBARAO SABLE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER

2026:BHC-AUG:40200-DB
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        921 WRIT PETITION NO. 13630 OF 2025

                 UDDHAVRAO GYANBARAO SABLE AND OTHERS
                               VERSUS
     THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER
                                           ...


                  Advocate for the Petitioner : Mr. Ghatge Mahesh V.
                      AGP for Respondent/State : Mr. V.M. Kagne
           Advocate for Respondent No.2 : Mr. Tripathi Manish Purushottam
                                           …
                                         CORAM       : NITIN B. SURYAWANSHI AND
                                                       ABASAHEB D. SHINDE, JJ.
                                           DATE      : 01.09.2026

             PER COURT :
             .      Indisputably, the issue raised in this petition is squarely covered
             by the order passed by this Court in Writ Petition No.12310 of 2024,
             which arose from same reservation.

             2.    The petitioners’ land bearing Survey No.91/1, admeasuring 1 H
             59 R, is shown to have been reserved for Stadium vide Reservation
             Site No.25 and 15 meters wide D.P. road. The Notification in that
             regard was issued on 28.04.2011 making effective the reservation from
             15.05.2011. Since, respondent No.2 failed to take appropriate steps for
             acquisition of the reserved land of the petitioners under the provisions
             of Section 127 of the Maharashtra Regional Town Planning Act, 1966
             (for short, ‘the MRTP Act’), the petitioners served notice upon
             respondent No.2 on 13.12.2022, asking for acquisition of the land.
             However, no steps are taken by respondent No.2 till date.
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3.      Respondent No.2 has filed affidavit-in-reply stating that, it has no
funds to acquire the land and, therefore, no steps were taken towards
acquisition of the petitioners’ land.

4.      The facts of this petition are identical to those of the Writ Petition
stated above.

5.      For the reasons stated in the said order, the Writ Petition is
allowed in terms of prayer clauses ‘B’, ‘C’ and ‘D; which are as follows :


     “B) To hold and declare that, the reservation on the land bearing
     Survey No.91 (at present which is recorded in the revenue record as
     Survey No.91/1) owned by petitioners admeasuring 1 H. 59 R. in
     total as Site No. 25 (Stadium) and 15 Mtrs. DP Road, has lapsed in
     view of the provisions of Sec.127 of the Maharashtra Regional and
     Town Planning Act, 1966.

     C) By issuing Writ of Mandamus or any other order or directions in
     the like nature, the respondent no.1 may kindly be directed to notify
     the lapsing of reservation over the land of the petitioners i.e. Survey
     No. 91/1 situated within the limit of Municipal Council, Jintur i.e.
     respondent no.2 within period of three months, by publishing
     notification in official gazette U/sec. 127 (2) of the M.R.T.P. Act, 1966.

     D) Hold and declare that, petitioners are entitled to proceed with the
     development of the property and the respondents will not delay
     granting of permission for want of notification as required U/sec.
     127(2) of the M.R.T.P. Act, 1966 as issuance of notification in the
     official gazette is merely a ministerial act.




( ABASAHEB D. SHINDE, J. )                      ( NITIN B. SURYAWANSHI, J. )



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