RATNAGIRI NAGAR PARISHAD THR. THE CHIEF OFFICER, RATNAGIRI MUNICIPAL COUNCIL RATNAGIRI vs MADHUKAR SHANKAR REDIJ and ORS.

Judgment text excerpt

902.2061.19 sast*.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL ST NO. 2061 OF 2019 WITH CIVIL APPLICATION NO. 190 OF 2019 IN SECOND APPEAL ST NO. 2061 OF 2019 Ratnagiri Nagar Parishad .....Appellant Thr. The Chief Officer Ratnagiri Municipal Council Ratnagiri Vs. Madhukar Shankar Redij and ors .....Respondents Mr. Rakesh Bhatkar a/w Mr. Mohan N. Devkole and Ms. Smita Samel Advocate for the Appellant Dr. Uday Warunjikar a/w Ms. Sakshi Inamdar and Mr. Hrishikesh Nabar for respondent no. 1 CORAM : GAURI GODSE, J. DATE : 30th APRIL 2025 JUDGMENT: 1. Heard learned counsel for the parties. This appeal is preferred by defendant no. 3 to challenge the concurrent judgments and decrees granting a declaration that the reservation on the suit property is deemed to have lapsed from 1st September 2012. 1/28 902.2061.19 sast*.docx 2. The appellant is the acquiring body for the reservation of the primary school on the property owned by the respondent no. 1 - plaintiff. Since steps were not taken to acquire the property reserved as per the sanctioned Town Planning Scheme, notice under Section 127 of The Maharashtra Regional and Town Planning Act (‘the said Act’) was served. There was no compliance with the requirement for acquiring the reserved land as contemplated under Section 127 of the said Act; hence, the suit was filed. Both courts concurrently held that, due to the lack of any steps taken to acquire the suit land, the reservation had lapsed; thus granted the declaration as prayed for by the plaintiff. 3. Learned counsel for the appellant submits that the town planning scheme of 1975 was approved, and the last approval to the revised scheme was granted by the State Government in 2005, which came into effect from 27th June 2005. He