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Bombay High Court

GANESH VISHNU LANDGE AND ORSversusSTATE OF MAHARASHTRA THR THE SECRETARY AND ORS

Decided
Disposal
Allowed

Holding

The reservation of the land for the 18‑metre HCMTR road has lapsed under Section 127 of the MRTP Act.

Summary

The petitioners, a family of landowners, owned land reserved in 1995 for the widening of an 18‑metre HCMTR road under the Development Plan of Pimpri‑Chinchwad. After the statutory ten‑year period expired in 2005, they served a purchase notice under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 on 27 May 2022, authorising acquisition within 24 months. The municipal corporation objected, claiming the notice was incomplete, lacked maps, was signed by only one co‑owner, and that a 2011 letter to the Collector constituted steps toward acquisition. The High Court held that none of these objections satisfied the statutory requirements, that a prior letter does not amount to commencement of acquisition, and that a notice signed by a duly authorised co‑owner is sufficient. Consequently, the court declared the reservation lapsed, granted a writ of mandamus, and ordered the respondents to publish a gazette notification of the lapse.

Issues considered

  • Whether the reservation of the land for road widening has lapsed under Section 127 of the MRTP Act.
  • Whether the municipal corporation's objections (absence of map, DP extract, co‑owner signatures, and alleged prior steps) defeat the petitioners' claim of lapse.
  • Whether a letter to the Collector constitutes "steps" towards acquisition within the meaning of Section 127.
  • Whether a purchase notice must be signed by all co‑owners or can be issued by a single authorised co‑owner.

Legislation cited

Subjects

  • Reservation lapse
  • Section 127
  • MRTP Act
  • Land acquisition
  • Writ of mandamus
  • Development plan
  • Road widening
  • Co‑owner notice
  • Gazette notification

Judgment

          Digitally
          signed by
          RUPALI                                                   56-WP-18493-2024.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. 18493 OF 2024


                 1. Mr. Ganesh Vishnu Landge                        ]
                 Age : 53 years : Occ : Agriculturist & Business    ]
                                                                    ]
                 2) Sudama Alias Baban Baloba Landge                ]
                 Age : 75 years; Occ.:Agriculturist & Business      ]
                                                                    ]
                 3) Dattatraya Vishnu Landge                        ]
                 Age : 69 years; Occ.: Agriculturist & Business     ]
                                                                    ]
                 4) Ramesh Mahadu Landge                            ]
                 Age : 61 years; Occ.: Agriculturist & Business     ]
                                                                    ]
                 5) Prabhakar Mahadu Landge                         ]
                 Age : 48 years; Occ.: Agriculturist & Business     ]
                                                                    ]
                 All Residing at Vishnu Smruti Niwas                ]
                 Survey No. 434/9, Kasarwadi,                       ]
                 Nashik Phata, Pune – 411 018.                      ]...Petitioners

                       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          ]

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            (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 Petitioners.

            Mr. Kedar B. Dighe for the Respondent Nos.2 to 4 for the PCMC.

            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 Petitioners are seeking

            the Writ of Mandamus against the State Government to forthwith

            publish an order under Section 127 of the Maharashtra Regional &

            Town Planning Act, 1966 (‘MRTP Act’ in short) notifying that the

            Reservation namely “Development Plan Road” for road widening that


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            existed on the land bearing Survey No. 446/4 corresponding to C.S.

            No.2084 and 2085 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 Petitioners was

            reserved for ‘18 Mtr. HCMTR road widening’. On 18 th September,

            1995, 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 18 Mtr. HCMTR road. The said road

            was not acquired for the purpose of which it was reserved for. On

            27th May, 2022, the Petitioners 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 14 th November, 2024 the present

            writ petition was filed.




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            3.         Mr. Girish Godbole, learned Senior Counsel appearing for

            the Petitioners submitted that the said land was reserved for road

            widening of 18 Mtr. HCMTR 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 Petitioners decided to issue a Purchase Notice and accordingly

            on 20th May, 2022, a notarized Authority Letter was issued by the

            Petitioners Nos.2 to 5 specifically authorizing the petitioner No.1 to

            address the notice claiming lapsing of reservation and to take further

            steps. Pursuant to the said authority letter, on 27 th May, 2022, the

            Petitioners 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


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                raised certain objections. The Petitioners, 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 28 th

                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.

                (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
1   (II) (2007) 7 SCC 555
2   (2013) 5 SCC 627
3   2005SCC OnLine Bom 542.
4   WP/4823/2014 dated 16th December, 2014

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                 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 Petitioners 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 Petitioners that the notice is incomplete and not strictly

                 as per the provisions of Section 127.     He further submitted that

                 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   2026 SCC OnLine Bom 2257
6   (2015) 11 Supreme Court Cases 90.

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            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 18 Mtr. HCMTR road vide Notification dated

            18th September, 1995. The period of 10 years as stipulated in the

            statute expired on 19th September, 2005. All the Petitioners issued an

            authority letter on 20th May, 2022 authorizing the petitioner No.1 to

            address a notice for lapsing of the reservation. The Petitioners on

            27th May, 2022 addressed a notice as contemplated under Section

            127 of the MRTP Act requesting that appropriate steps be taken for

            commencement of 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 Petitioners, the respondent No.2 addressed a reply. The

            following were the objections raised by the respondent No.2 :

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                      “(i) Government measurement map not annexed.

                      (ii) D.P extract not annexed.

                      (iii) Notice addressed only by one of the co-owners.

                      (iv) Proposal for acquisition was already forwarded to
                      Collector by letter dated 14th September, 2011.

                      (v) Since acquisition proceedings already commenced –
                      Petitioners’ Section 127 Notice not legally acceptable.


            6.         The Petitioners 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 14th

            September, 2011.     It is in light of the aforesaid facts that the

            respondent opposed 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

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            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

            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 14th September, 2011 and claimed that they had taken steps


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            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
                      resolution by the Pianning 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

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                       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

            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.



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            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 Petitioners.

                      “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


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                       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

            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

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                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.



                16.         The contention of the respondent that the notice was

                addressed only by one of the co-owner and hence is not a valid

                notice, also deserves to be rejected. At the cost of repetition, Section

                127 of the MRTP Act does not prescribe that all the co-owners should

                sign the notice. It is enough if only one co-owner has signed the

7   (2007) 3 SCC 750

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                notice. We must also take note of the fact that the Petitioners have

                specifically annexed notarized Authority Letter dated 20 th May, 2022

                to the present petition. The Authority Letter is issued by all the co-

                owners to the petitioner No.1 authorizing him to issue the notice. In

                addition to this factual aspect, this Court, in the matter of Ramesh

                Gopikishan Malani V. State of Maharashtra and Ors .8 has by relying

                upon the Judgment in the matter of Keshav Manikrao Bagal V State

                of Maharahstra9 held that it was not necessary for every co-owner to

                give notice under Section 127 of the MRTP Act and that issuance of

                notice by one co-owner would be a valid notice of purchase u/s 127

                of the MRTP Act.



                17.               Taking into account the over all conspectus of the matter,

                it is clear that the land of the Petitioners was reserved for 18 Mtr.

                HCMTR road vide Notification dated 18th September, 1995. The

                period of ten years expired on 19 th September, 2005. A Purchase

                Notice was issued by the Petitioners to the Corporation.                The


8   WP/8836/2022 dtd.01/07/2024
9   WP/8066/2009

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            Corporation had raised the objection on 13 th December, 2023 which

            are dealt with us extensively in the foregoing paragraphs. Inspite of

            passage of 24 months which expired on 28 th 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 18 Mtr. HCMTR road on the property of the

            Petitioners bearing Survey No. 446/4 corresponding to C.S.No.2084

            & 2085 situated at Village Bhosari, Kasarvadi, Taluka Haveli, District

            Pune, situated within the limits of PCMC have lapsed. Hence, the

            following order :

                                              ORDER

                      (i)       The Writ Petition is allowed.


                      (ii)      It is declared that the reservation in respect of 18
                      Mtr. HCMTR road on the property of the Petitioners
                      bearing Survey No. 446/4 corresponding to C.S.No.2084
                      & 2085 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

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                     reservation i.e. 18 Mtr. HCMTR road on the property of
                     the Petitioners bearing Survey No. 446/4 corresponding to
                     C.S.No.2084     &   2085    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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