Bombay High Court
SANTOSH ALIAS SANTAJI VISHWASRA KOKATEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the petitioner is entitled to file a fresh application under section 127 of the M.R.T.P. Act despite the ten‑year lapse.
Summary
The petitioner, Santosh alias SANTAJI Vishwasra Kokate, filed a writ petition seeking permission to file a fresh application under section 127 of the Maharashtra Regional and Town Planning (M.R.T.P.) Act for acquisition of land. The petitioner argued that the development plan for the area was sanctioned on 4 April 2012 and came into force on 15 May 2012, and that ten years had elapsed since then. The learned Additional Government Pleader (AGP) for the respondents indicated that the passage of ten years did not bar the petitioner from seeking acquisition under the statutory provision. The Court examined whether the statutory limitation period applied to the petitioner's request for fresh acquisition. Finding no legal impediment, the Court granted the liberty sought by the petitioner. Consequently, the writ petition was disposed of, allowing the petitioner to proceed with the application under section 127 of the M.R.T.P. Act.
Issues considered
- What is the effect of the lapse of ten years on the petitioner's ability to file a fresh land acquisition application under section 127 of the M.R.T.P. Act?
Legislation cited
- M.R.T.P. Act — s. 127
Subjects
- land acquisition
- M.R.T.P. Act
- section 127
- development plan
- writ petition
- statutory limitation
Judgment
2026:BHC-AUG:3799-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
973 WRIT PETITION NO. 5407 OF 2021
SANTOSH ALIAS SANTAJI VISHWASRA KOKATE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Mr. Undre Vikram S.
AGP for Respondents 1 & 2 : Mr. A.V. Lavte
...
CORAM : ARUN R. PEDNEKER AND
VAISHALI PATIL-JADHAV, JJ.
Dated : January 28, 2026
PER COURT :-
1. The learned AGP submits that fresh development plan for the area
was sanctioned on 4.4.2012 and the development plan came into force
on 15.5.2012.
2. The learned counsel for the petitioner submits that 10 years have
passed thereafter and therefore, the learned counsel seeks liberty to file
fresh application before the concerned authority under section 127 of
M.R.T.P. Act for acquisition of the land.
2. In view of the above, the writ petition is disposed of with liberty as
prayed for.
( VAISHALI PATIL-JADHAV, J. ) ( ARUN R. PEDNEKER, J. )
ssc/
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