Nitin Subhashchand Bohara and Others v. the State of Maharashtra through Department of Urban Development and Others
Case brief
What is this about?
Lapse of town-planning reservations under Section 127(2) MRTP Act; writ of mandamus for declaration that Playground (No.3/142), Primary (Public) School (No.3/143) and Park (Site No.3/148) reservations on Gut No.263, village Waluj (Bk.), Aurangabad, are lapsed; purchase notice followed by non-issuance of Section 19 notification under RFCTLARR Act 2013; CIDCO's TDR offer refused and rejected as a ground against release of reserved land; State of Maharashtra, Department of Urban Development, ordered to issue notification within 90 days; Bombay High Court Aurangabad Bench, decided March 5, 2024; Nitin Subhashchand Bohara and others v. State of Maharashtra and others.
What did the court decide?
Writ Petition allowed in terms of prayer Clauses 'A' and 'B': declaration that the Playground, Primary School and Park reservations on the Petitioners' land (approx. 8H 36R out of Gut No.263, village Waluj (Bk.)) have lapsed and the land is free from reservations; direction to Respondent Nos. 1 and 2 to issue the order prescribed by Section 127(2) of the MRTP Act; Respondent No.1 to issue an appropriate Notification within 90 days.