Bombay High Court
TULSHIRAM BANDU PATILversusTHE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The reservation of the petitioner’s land is declared lapsed under section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Summary
Tulshiram Bandu Patil filed a writ petition under section 127 of the Maharashtra Regional and Town Planning Act, 1966, seeking a declaration that the reservation of his land (Survey No. 25/4) as a garden had lapsed because the Jalgaon Municipal Corporation failed to act on his purchase notice for over ten years. The petitioner was willing to accept transfer of development rights (TDR) for the portion of his land affected by a development‑plan road but not for the garden portion. The State and the Corporation admitted the factual timeline but cited lack of funds for compensation, while offering TDR for the road‑affected area. The Court held that the statutory provisions clearly support a lapse of reservation when the authority does not acquire the land within the prescribed period. Accordingly, the petition was allowed, the reservation declared lapsed, and the petitioner entitled to TDR for the road‑affected portion, with a gazette notification to be issued within six months.
Issues considered
- Whether the reservation of land under the Maharashtra Regional and Town Planning Act, 1966 lapses when the authority fails to acquire the land within the period prescribed by the Act.
- Whether the petitioner is entitled to receive transfer of development rights (TDR) for the portion of his land affected by the development‑plan road.
Legislation cited
Subjects
- reservation of land
- lapse of reservation
- section 127
- Maharashtra Regional and Town Planning Act
- transfer of development rights
- development plan
- land acquisition
- purchase notice
Judgment
2026:BHC-AUG:34691-DB
(1) wp9152.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
34 WRIT PETITION NO. 9152 OF 2025
TULSHIRAM BANDU PATIL
VERSUS
THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND
OTHERS
Mr. S.H. Tripathi, Advocate for the petitioner.
Ms. J.P. Reddy, AGP for the respondent-State.
Mr. S.B. Munde, Advocate for respondent Nos. 4 and 5.
CORAM : KISHORE C. SANT &
AJIT B. KADETHANKAR, JJ.
DATE : 06.08.2026
PC :-
01. Heard learned Advocate for the petitioner, learned AGP for
the respondent-State and learned Advocate Mr.Munde for respondent
Nos. 4 and 5.
02. The petitioner has approached this Court seeking declaration
under section 127 of the Maharashtra Regional and Town Planning Act,
1966 that the reservation of his land bearing No. 222 shown as garden
be declared as lapsed. So far as other land is concerned, which is
affected by DP road, he is ready to accept TDR. For Jalgaon Municipal
Corporation, the development plan was prepared and sanctioned on
10.08.2004. Since for 10 years no steps were taken to acquire the land.
The petitioner issued purchase notice on 03.09.2021. Even for two years
(2) wp9152.25
thereafter no steps are taken to acquire the land. The petitioner,
therefore, has approached this Court.
03. The dates stated in the petition are not disputed. The land of
the petitioner is Survey No. 25/4 i.e. old Survey No. 25/2, admeasuring
95 R. Some portion of the land is affected by the garden and some
portion is affected by DP road. Learned Advocate Mr. Tripathi vehemently
argued that inspite of purchase notice, the respondent-Corporation has
failed to take steps. He thus submits that the only effect of not
responding to purchase notice and not initiating proceeding for acquiring
the land is that the declaration should be made that the reservation is
lapsed. He relied upon an order passed by this Court in Writ Petition No.
12256 of 2024. He further submits that he has no objection to receive
TDR to the extent of land affected by DP road.
04. Learned Advocate for the respondent-Corporation is not in a
position to dispute the dates and the facts stated in the petition. It is
only stated that due to paucity of funds, the Corporation is not in a
position to pay the amount of compensation. It is further stated that the
Corporation is always ready to offer TDR, however, the petitioner is not
ready to accept the TDR for the entire land. Learned Advocate for the
(3) wp9152.25
respondent-Corporation has placed on record written instructions
received by him vide communication dated 03.07.2026. Same are taken
on record and marked “X” for the purpose of identification.
05. Learned AGP prays for passing appropriate order.
06. This Court finds that a clear case is made out to allow this
petition considering the provisions of section 127 of the MRTP Act.
07. Therefore, this Writ Petition stands allowed. The reservation
of land bearing Survey No. 25/4 (old Survey No. 25/2), situated at Khedi
Budruk, Taluka and District Jalgaon, is declared as lapsed. The petitioner
shall be entitled to receive TDR to the extent of land affected by
development plan road. Said notification be published in the official
gazette within six months from today.
07. This Writ Petition accordingly stands disposed off.
[AJIT B. KADETHANKAR, J.] [KISHORE C. SANT, J.]
snk/2026/Aug26/wp9152.25
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