Allowed

Ahmed Mujtaba Khwaja Mohammad Kazi v. the State of Maharashtra through Secretary and Another

Bombay HC21 Feb 2024WP/593/2024

Case brief

AI extract

What is this about?

The Bombay High Court dismissed reservations on specific land by the Shahada Municipal Council under the MRTP Act, declaring them lapsed due to failure to take action within the statutory two-year period, and directed the State to issue a formal release notification.

What did the court decide?

Petitioner's prayers accepted; land declared free from reservations; State directed to issue notification under Section 127(2) of the MRTP Act; Council given 30 days to declare release.

Ahmed Mujtaba Khwaja Mohammad Kazi Vs the State… — Municipal and Town Planning | Bombay HC (2024)

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2024:BHC-AUG:4052-DB

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912-WP-593-2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 593 OF 2024

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Ahmed Mujtaba Khwaja Mohammad Kazi,
Age: 76 years, Occu. Legal Practitioner,
R/o. Nehru Chowk, Shahada,
Taluka – Shahada, Dist. Nandurbar

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...Petitioner

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Versus

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1. The State of Maharashtra Through Secretary, Urban Development Department, Mantralaya, Mumbai-32.

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2. Shahada Municipal Council, Shahada, Dist. Nandurbar, Through the Chief Officer ...Respondents

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...

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Mr. S. P. Shah, Advocate for the Petitioner
Mr. R. S. Wani, AGP for Respondent No. 1 - State
Mr. J. R. Shah, Advocate for Respondent No. 2

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...

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CORAM:RAVINDRA V. GHUGE &
R. M. JOSHI, JJ
DATE:FEBRUARY 21, 2024

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JUDGMENT (PER RAVINDRA V. GHUGE, J)

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1.Rule. Rule made returnable forthwith and heard

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finally with the consent of parties.

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2.The Petitioner has put-forth prayer clauses A,

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B and C as under:

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A] The Hon’ble High Court may be pleased to

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Page 1 of 4

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912-WP-593-2024.odt

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issue an appropriate writ, order or
direction in the nature of writ and thereby
hold and declare that reservations (Site
No. 43 and D.P. Road) imposed on land Gat
No. 19 under final development plan dated
25.07.2006 stood lapsed.

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B] The Hon’ble High Court may be pleased to
issue an appropriate writ, order or
direction in the nature of writ and thereby
hold and declare that the land Gat No. 19
totally admeasuring 2H-3R situated at
Kukdel, Taluka – Shahada, District –
Nandurbar, is free from reservations (Site
No. 43 and D.P. Road) imposed on land Gat
No. 19 under final development plan dated
25.07.2006.

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C] The Hon’ble High Court may be pleased to
direct the Respondent No. 1 State of
Maharashtra to issue a notification under
Section 127(2) of the MRTP Act, to the
effect that the reservations (Site No. 43
and D.P. Road) imposed on land Gat No. 19
under final development plan dated
25.07.2006 stood lapsed.

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3.While issuing notices on 16.01.2024, the
contention of the Petitioner that the reservation has
lapsed taking into account that no steps have been
taken by the Shahada Municipal Council within the
period of 2 years, after receiving the purchase notice
under Section 127 of the Maharashtra Regional and Town
Planning Act, 1966 (for short ‘the Act’), has been

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Page 2 of 4

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912-WP-593-2024.odt

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recorded.

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4.The learned Advocate representing the
Municipal Council has vehemently opposed this Petition
and has contended that when the Municipal Council
offered TDR to the Petitioner, it was a proper offer
that was made due to financial difficulties and the
Petitioner should have accepted it.

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5.The law on the issues raised in this Petition
are covered by the judicial pronouncements of the
Hon’ble Supreme Court in M/S. Girnar Traders vs State
Of Maharashtra & Ors, AIR (2007) SC 3180 and the
learned Full Bench of this Court in Shri Vinayak
Builders and Developers Vs. State of Maharashtra and
Others, (2022) 6 Bom CR 410 (FB).

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6.In view of the above, the Writ Petition is
allowed in terms of prayer clauses A, B and C. Needless
to state, the Municipal Council shall forward a letter
to Respondent No. 1 declaring that the land is released
from reservation, within a period of 30 days.
Thereafter, within a period of 45 days, Respondent No.

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Page 3 of 4

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912-WP-593-2024.odt

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1 shall issue a notification under Section 127(2) of
the Act declaring that the land is released from the
reservation and the final development plan dated
25.07.2016.

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7.Rule is made absolute in the above terms.

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(R. M. JOSHI, J)

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 (RAVINDRA V. GHUGE, J)

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Malani

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Page 4 of 4

Ahmed Mujtaba Khwaja Mohammad Kazi v. the State of Maharashtra through Secretary and Another

Case brief

What is this about?

What did the court decide?

Ahmed Mujtaba Khwaja Mohammad Kazi v. the State of Maharashtra through Secretary and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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