SWASTIK SPACES LTD THROU. DIRECTORversusSTATE OF MAHARASHTRA THORU. THE SEC. URBAN DEVELOPMENT DEPT AND ORS

                                   Digitally
                                   signed by
                                   CHITRA
                          CHITRA   SANJAY
                          SANJAY   SONAWANE
                          SONAWANE Date:
                                   2026.09.29
                                   12:05:52
                                   +0530



Chitra Sonawane.                                                  34-WP-9352-2026.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO.9352 OF 2026

Swastik Spaces Ltd                                    .. Petitioner
         Vs.
The State of Maharashtra & Ors.                       ... Respondents.

                                ...
Mr. Abhijit P. Kulkarni a/w Abhishek Roy i/by Sweta Shah for the
Petitioner.
Mrs Neha Bhide, GP a/w Ms Gauri Phadake h/f Manish Kelkar for
R-1/State.

                                                ...

                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                           ADVAIT M. SETHNA, J.

                   DATE    : 28th SEPTEMBER, 2026.

P.C. :

1.        Heard Mr. Abhijit Kulkarni, the learned Counsel for the Petitioner.

2.        The instant Petition has been preferred by the Petitioner with
following substantive reliefs :
             "b. That this Hon'ble Court be pleased to issue a writ or any
             appropriate writ, order or direction in the nature of writ
             thereby declaring that the land bearing Survey No. 115/B,
             Plot No. 1 reserved for Market Reservation vide reservation
             no. 479 admeasuring 1004.31 sq. mtrs., and Parking Lot
             Reservation vide reservation no. 480 admeasuring 1448.88
             sq. mtrs., total aggregating to 2453.19 sq. mtrs. out of the
             total land admeasuring 7348 sq. mtrs., sanctioned through
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Chitra Sonawane.                                                 34-WP-9352-2026.doc



             the notification dated 9th February, 2007 has been lapsed and
             released from the said reservation as per the provisions of the
             Section 127 of the MRTP Act.
             c. That this Hon'ble Court be pleased to issue a writ of
             mandamus thereby directing the Respondents to forthwith
             notify the lapsing of the said reservation in respect of the said
             land by issuing appropriate notification in the official
             gazette."


3.        Mr. Kulkarni would state that the Petitioner owns a land bearing
Survey No. 115/B, Plot No.1 admeasuring 7348 sq. mtrs. situated at
Village -Gokhivare, Taluka - Vasai, District - Palghar within the limits of
Vasai Virar City Municipal Corporation ("said land" for short). According
to him, some portion of the said land is specified/designated/reserved
under the Development Plan of Vasai Virar Sub Region sanctioned
through the Government Notification dated 9 th February, 2007 reserved
for Market and Parking Lot Reservation, has been lapsed.


4.        In view of the order proposed to be passed we are not inclined to
issue notices to the Respondents.

5.        The entire claim is set up as per the provisions under Section 127
of the Maharashtra Regional & Town Planning Act, 1966 (for short
"MRTP Act"), on the ground that the final Development Plan was
sanctioned/approved as per the Government Notification dated 9th
February 2007. Since then no concrete steps have been taken to proceed
further in the matter. In support of his submission, he would place
reliance on the decision of the Supreme Court in Girnar Traders Vs. State

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Chitra Sonawane.                                          34-WP-9352-2026.doc



of Maharashtra & Ors.1. He would submit that inspite of Purchase Notice
dated 8th May 2023 issued, as envisaged under Section 127 of the MRTP
Act, until date the Respondent/Competent Authority, has not acquired
the land of the Petitioner.

6.        Considering the factual situation as emerged in this Petition, we
direct the Respondent/Competent Authority to consider/decide the
Purchase Notice of the Petitioner dated 8th May 2023, within 3 months,
in accordance with law.

7.        We make it clear that we have not adverted to the merits of the
matter.


8.        In the aforesaid terms, the Writ Petition stands Disposed Of.



[ADVAIT M. SETHNA, J.]                                [CHIEF JUSTICE]




1    (2007)7 SCC 555.
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