Bombay High Court
TILOTTAMA GANESH LANDGEversusSTATE OF MAHARASHTRA THR SECRETARY, THE SECRETARY, URBAN DEVELOPMENT DEPT. AND ORS
- Decided
- Disposal
- Allowed
Holding
The reservation for the 7.50‑metre road on the petitioner's land has lapsed under Section 127 of the MRTP Act.
Summary
Mrs. Tilottama Ganesh Landge owned land reserved for a 7.50‑metre road widening under a Development Plan notified on 18 September 1995. The ten‑year period for acquisition expired on 19 September 2005, after which she served a purchase notice under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 on 27 May 2022, demanding acquisition within 24 months. The Pimpri‑Chinchwad Municipal Corporation replied in December 2023 raising objections about missing maps and claimed that a letter to the Collector in June 2020 constituted steps towards acquisition. No acquisition was effected and the 24‑month period lapsed on 28 May 2024. The Court held that the corporation’s alleged steps did not satisfy the statutory requirement of “steps as aforesaid” and that the reservation therefore lapsed, granting the writ of mandamus and directing the State to publish a gazette notification.
Issues considered
- Whether the reservation of land for road widening under the MRTP Act has lapsed under Section 127 after the expiry of the 24‑month period without acquisition.
- Whether the corporation’s actions – issuance of a resolution, a letter to the Collector, and alleged pending acquisition – constitute ‘steps’ within the meaning of Section 127.
- Whether the absence of a government measurement map or DP extract invalidates the purchase notice.
Legislation cited
- Maharashtra Regional Town Planning Act, 1966 — s. 126, 127, 31(5)
Subjects
- Reservation lapse
- Section 127
- Purchase notice
- Development plan
- Land acquisition
- Mandamus
- Maharashtra Regional & Town Planning Act
- Road widening
- Municipal corporation
Judgment
Digitally
signed by
RUPALI 56-WP-17837-2024.doc
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.08.27
19:01:14
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 17837 OF 2024
1. Mrs. Tilottama Ganesh Landge ]
Age : 53 years : Occ : Agriculturist & Business ]
Residing at Vishnu Smruti Niwas, ]
Survey No.434/9, Kasarwadi, ]
Nashik Phata, Pune – 411 018. ]...petitioner
Versus
1) The State of Maharashtra Through, ]
The Secretary, Urban Development ]
Department, Having Office at ]
Mantralaya, Mumbai 400 032. ]
]
2) The Deputy Director ]
Town Planning Department (P.C.M.C.) ]
]
3) Pimpri Chinchwad Municipal Corporation ]
(P.C.M.C.) ]
]
4) The Municipal Commissioner Pimpri ]
Chinchwad Municipal Corporation ]
Respondent Nos.2 to 4 having office ]
At Old Bombay Poona Road, ]
Pimpri, Pune – 411 018. ]...Respondents
Mr. Girish Godbole i/b Mr. Shivraj Patne for the Petitioner.
Mr. Kedar B. Dighe for the Respondent Nos.2 to 4 for the PCMC.
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Mr. P.V. Nelson Rajan, A.G.P for the Respondent-State.
CORAM : M. S. KARNIK &
SANDESH D. PATIL JJ.
RESERVED ON : 12th AUGUST, 2026
PRONOUNCED ON : 25th AUGUST, 2026
JUDGMENT (PER SANDESH D. PATIL, J.)
1. By the present writ petition, the Petitioner is seeking the
Writ of Mandamus against the State Government to forthwith publish
an order under Section 127 of the Maharashtra Regional & Town
Planning Act, 1066 (‘MRTP Act’ in short) notifying that the
Reservation namely “Development Plan Road” for road widening that
existed on the land bearing Survey No. 434/9A/2/2 corresponding to
C.S. No.2593 (pt) situated at Village Bhosari, Kasarvadi, Taluka
Haveli, District Pune (hereinafter referred to as ‘the said land’) has
lapsed.
2. The land in question belonging to the Petitioner was
reserved for ‘7.50 Mtrs. Road widening’. On 18th September, 1995,
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the respondent No.1 had sanctioned the Development Plan for
Pimpri Chinchwad City and as indicated above, the said land was
reserved for road widening of 7.50 Mtr. road. The said road was not
acquired for the purpose of which it was reserved for. On 27 th May,
2022, the petitioner issued a Purchase Notice under Section 127 of
the MRTP Act to the Respondent – Corporation. The Respondent –
Corporation on 13th December, 2023 replied the same and raised
certain objections. Inspite of the Purchase Notice, the land was not
acquired. Hence, on 13th November, 2024 the present writ petition
was filed.
3. Mr. Girish Godbole, learned Senior Counsel appearing for
the petitioner submitted that the said land was reserved for road
widening of 7.50 Mtr. road which was evident from the sanctioned
Development Plan published by the Pimpri Chinchwad Municipal
Corporation vide Notification Dated 18th September, 1995. He
submitted that the period of 10 years from the notification published
as mentioned above, elapsed on 19th September, 2005. The
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Petitioner decided to issue a Purchase Notice and accordingly on 27 th
May, 2022, the Petitioner issued a Purchase Notice under Section 127
of the MRTP Act requesting that appropriate steps be taken for
commencement of acquisition proceedings within 24 months, failing
which, the reservation would deem to have been lapsed. He
submitted that inspite of the fact that the corporation received a
letter, the Corporation belatedly on 13th December, 2023 filed their
reply and raised certain objections. The Petitioner, through their
Advocate sent a rejoinder on 6th March, 2024, thereby negating
contentions raised by the respondent No.2. According to Mr.
Godbole, learned Senior Counsel, the period of 24 months to acquire
the land as contemplated under Section 127 of the MRTP Act expired
on 28th May, 2024. Inspite of this, the land was not acquired. Hence,
the petition was filed. He relied upon the following Judgments :
(i) Girnar Traders V. State of Maharashtra1
(ii) Shrirampur Municipal Council V. Satyabhamabai Bhimaji
Dawkher2.
1 (II) (2007) 7 SCC 555
2 (2013) 5 SCC 627
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(iii) M/s C.V. Shah V. State of Maharashtra.3
(iv) Dattatray Dharmadhikari V. State of Maharashtra4
4. Learned Counsel Mr. Kedar Dighe appearing for the
Respondent – Corporation submitted that vide the Resolution
No.340/2017, the respondent declared its intention to prepare
revised DP plan on 9th August, 2019 and accordingly on 15th
November, 2019, a Notification was published by the State
Government inviting suggestions/objections from the people at large.
He submitted that knowing very well about the initiation of process
of revision of development plan, the notice under Section 127 of the
MRTP Act was sent by the respondent on 27 th May, 2022. He further
submitted that although the Petitioner sent the notice, surprisingly
they did not raise the objections. He relied on the fact that the
Respondent – Corporation vide reply dated 13th December, 2023
informed the Petitioner that the notice is incomplete and not strictly
as per the provisions of Section 127. He further submitted that
3 2005SCC OnLine Bom 542.
4 WP/4823/2014 dated 16th December, 2014
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Section 127 makes it statutorily necessary for the owner or any
person interested in the land, to serve the notice alongwith the title
documents or interest in the land. He further submitted that the
petition be dismissed entirely. He relied upon the following
Judgments.
(i) Nilesh Prakashrao More V. State of Maharashtra5
(ii) Prafulla C. Dave & Ors. V. Municipal Commissioner & Ors.6
5. We have heard the learned Counsel appearing for the
respective parties. The present proceedings are filed under Section
127 of the MRTP Act, inter alia, praying for a Writ of Mandamus that
the reservation has lapsed. The land in question, was reserved for
the road widening of 7.50 Mtr. road vide Notification dated 18 th
September, 1995. The period of 10 years as stipulated in the statute
expired on 19th September, 2005. The Petitioner on 27 th May, 2022
addressed a notice as contemplated under Section 127 of the MRTP
Act requesting that appropriate steps be taken for commencement of
5 2026 SCC OnLine Bom 2257
6 (2015) 11 Supreme Court Cases 90.
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acquisition within a period of 24 months from the date of issuance of
this notice, failing which, the reservation would deem to have been
lapsed. In response to the Purchase Notice issued by the Petitioner,
the respondent No.2 addressed a reply. The following were the
objections raised by the respondent No.2 :
“(i) Government measurement map not annexed.
(ii) D.P extract not annexed.
(iii) Proposal for acquisition was already forwarded to
Collector by letter dated 24th June, 2020.
(iv) Since acquisition proceedings already commenced –
Petitioner’ Section 127 Notice not legally acceptable.
6. The Petitioner through their Advocate addressed a
rejoinder alongwith the supportive case laws. The period of 24
months as contemplated in the Notice dated 27th May, 2022 ended on
28th May, 2024. After this period, the respondent No.2 addressed a
sur-rejoinder dated 19th July, 2024 contending that the proposal for
acquisition is forwarded to the Collector vide letter dated 24 th June,
2020. It is in light of the aforesaid facts that the respondent opposed
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grant of any relief in the present petition.
7. The Hon'ble Supreme Court in the matter of Girnar
Traders (supra) has elaborately stated as to what were the steps
contemplated under Section 126 of the MRTP Act towards
acquisition of land. Further the Hon'ble Supreme Court has observed
that if any private land is shown as reserved, allotted or designated
for a purpose specified in a development plan, the same may be
acquired within 10 years either by agreement or by following
procedure prescribed under the Land Acquisition Act. Thereafter,
there has to be a service of Purchase Notice and if the steps are not
taken by the Corporation for acquisition of the land, the acquisition
is deemed to have been lapsed.
8. The Hon'ble Supreme Court has also considered as to
what are the steps towards acquisition of the land. The entire thurst
of the argument of the Corporation is that the Corporation had
initiated steps to publish a Notification for preparing a revised DP
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Development Plan and accordingly resolution was passed by the
Corporation bearing Resolution No. 340/2017 dated 9 th August,
2019. The Corporation also relied upon the proposal for acquisition
forwarded to the Collector by the Municipal Corporation vide letter
dated 24th June, 2020 and claimed that they had taken steps towards
acquisition. This is all that the Corporation had done in response to
the Purchase Notice.
9. The Hon'ble Supreme Court in the matter of Shrirampur
Municipal Council (supra) had observed as under :
“42. We are further of the view that the majority in Girnar
Traders (2) had rightly observed that steps towards the
acquisition would really commence when the State
Government takes active steps for the acquisition of the
particular piece of land which leads to publication of the
declaration under Section 6 of the 1894 Act. Any other
interpretation of the scheme of Sections 126 and 127 of
the 1966 Act will make the provisions wholly unworkable
and leave the landowner at the mercy of the Planning
Authority and the State Government.
43. The expression "no steps as aforesaid" used in Section
127 of the 1966 Act has to be read in the context of the
provisions of the 1894 Act and mere passing of a
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resolution by the Planning Authority or sending of a letter
to the Collector or even the State Government cannot be
treated as commencement of the proceedings for the
acquisition of land under the 1966 Act or the 1894 Act. By
enacting Sections 125 to 127 of the 1966 Act, the State
Legislature has made a definite departure from the
scheme of acquisition enshrined in the 1894 Act. But a
holistic reading of these provisions makes it clear that
while engrafting the substance of some of the provisions
of the 1894 Act in the 1966 Act and leaving out other
provisions, the State Legislature has ensured that the
landowners/other interested persons, whose land is
utilised for execution of the development plan/town
planning scheme, etc., are not left high and dry. This is the
reason why time-limit of ten years has been prescribed in
Section 31(5) and also under Sections 126 and 127 of the
1966 Act for the acquisition of land, with a stipulation that
if the land is not acquired within six months of the service
of notice under Section 127 or steps are not commenced
for acquisition, reservation of the land will be deemed to
have lapsed. Shri Naphade's interpretation of the scheme
of Sections 126 and 127, if accepted, will lead to absurd
results and the landowners will be deprived of their right
to use the property for an indefinite period without being
paid compensation. That would tantamount to depriving
the citizens of their property without the sanction of law
and would result in violation of Article 300-A of the
Constitution.”
10. In light of the aforesaid observations, it is clear that
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merely sending a letter to Collector for acquisition of the reserved
land would not amount to steps towards acquisition of land and
hence, the contentions of the Respondent – Corporation that the
steps were taken towards acquisition cannot be considered as a valid
defence.
11. The respondent – Corporation had also raised an
objection that the Government measurement plan and DP Plan were
not annexed. In our view this is not what was important. There is
no requirement in the provisions of Section 127 of the MRTP Act that
any map or DP extract is required to be annexed as a matter of fact.
Learned Counsel appearing for the respondent was unable to point
out any provision to show that it was mandatory to annex the
Government Measurement Map or the DP extract.
12. In this connection, it is necessary to reproduce Section
127 of the MRTP Act as it stood at the time of issuing notice under
Section 127 of the MRTP Act by the Petitioner.
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“Section 127. Lapsing of reservations.
[(1) If any land reserved, allotted or designated for any
purpose specified in any plan under this Act is not
acquired by agreement within ten years from the date on
which a final Regional Plan, or final Development Plan
comes into force [or if a declaration under sub-section (2)
or (4) of section 126 is not published in the Official
Gazette within such period, the owner or any person
interested in the land may serve notice, along with the
documents showing his title or interest in the said land, on
the Planning Authority, the Development Authority or, as
the case may be, the Appropriate Authority to that effect;
and if within [twenty-four months]] from the date of the
service of such notice, the land is not acquired or no steps
as aforesaid are commenced for its acquisition, the
reservation, allotment or designation shall be deemed to
have lapsed, and thereupon, the land shall be deemed to
be released from such reservation, allotment or
designation and shall become available to the owner for
the purpose of development as otherwise, permissible in
the case of adjacent land under the relevant plan.
[(2) On lapsing of reservation, allocation or designation of
any land under sub-section (1), the Government shall
notify the same, by an order published in the Official
Gazette.”
13. On plain reading of the aforesaid Judgment in the case of
Shrirampur Municipal Council (Supra), it clearly indicates that the
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insistence of the Respondent – Corporation upon measurement map
or the DP extract is totally uncalled for. As a matter of fact, the only
requirement of Section 127 is that the Purchase Notice must be
served on the Planning Authority and that to within the time
stipulated in the said statute. It would be too preposterous to
conclude that the Planning Authority to whom the Purchase Notice is
issued needs to be forwarded the Government Map and the DP
extract. The Hon'ble Supreme Court in the Judgment of Sanjay
Singh v. U.P. Public Service Commission7, has held as under :
“19..... It is well settled that courts will not add words to a
statute or read into the statute words not in it. Even if the
courts come to the conclusion that there is any omission
in the words used, it cannot make up the deficiency,
where the wording as it exists is clear and unambiguous.
While the courts can adopt a construction which will carry
out the obvious intention of the legislative or the rule-
making authority, it cannot set at naught the legislative
intent clearly expressed in a statute or the rules. ...”
15. Thus, if the interpretation as advanced by the Respondent
– Corporation is considered, then it would be doing violence to the
statute and would amount to re-legislation.
7 (2007) 3 SCC 720
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16. Taking into account the over all conspectus of the matter,
it is clear that the land of the Petitioner was reserved for 7.50 Mtr.
road vide Notification dated 18th September, 1995. The period of
ten years expired on 19th September, 2005. A Purchase Notice was
issued by the Petitioner to the Corporation. The Corporation had
raised the objection on 13th December, 2023 which are dealt with us
extensively in the foregoing paragraphs. Inspite of passage of 24
months which expired on 28th May, 2024, no acquisition was
completed nor any steps were taken towards acquisition of the land.
In the aforesaid premises, we hold that the reservation for the 7.50
Mtr. road on the property of the Petitioner bearing Survey No.
434/9A/2/2 corresponding to C.S.No.2593 (pt.) situated at Village
Bhosari, Kasarvadi, Taluka Haveli, District Pune, situated within the
limits of PCMC has lapsed. Hence, the following order :
ORDER
(i) The Writ Petition is allowed.
(ii) It is declared that the reservation i.e. “7.50 Mtr.
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road” on the property of the Petitioner bearing Survey No.
434/9A/2/2 corresponding to C.S.No.2593 (pt.) situated
at Village Bhosari, Kasarvadi, Taluka Haveli, District Pune,
has lapsed
(iii) The Respondents are directed to publish a
notification in the Official Gazette declaring that the
reservation in respect of 7.50 Mtr. road on the property of
the Petitioner bearing Survey No. 434/9A/2/2
corresponding to C.S.No.2593 (pt.) situated at Village
Bhosari, Kasarvadi, Taluka Haveli, District Pune, has
lapsed, within a period of 12 weeks from today.
18. Petition is accordingly disposed of.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
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