Synopsis

The petitioner’s land was reserved for a weekly market in the sanctioned development plan (effective from 01.09.2005). After ten years, the land was not acquired. The petitioner served a purchase notice under Section 127(1) on 20.07.2023. The municipal council failed to commence acquisition within 24 months (by 24.07.2025). Consequently, the Director of Town Planning passed an order on 10.10.2025 declaring the reservation lapsed. However, the State Government (Urban Development Department) issued a communication on 17.10.2025 staying that order, allegedly at the behest of the local MLA. The High Court quashed the State’s interference, holding that the lapsing is automatic by operation of law, the Director’s order is merely formal, and the State has no appellate or revisional power under Section 127. Political interference in quasi-judicial functions was deprecated.

Court: High Court of Judicature at Bombay, Nagpur Bench

Coram: Hon’ble Mr. Justice Anil S. Kilor and Hon’ble Mr. Justice Raj D. Wakode (Division Bench)

Date of Judgment: 29th April 2026

Citation: Writ Petition No. 6726 of 2025 (unreported)

Core Law: Maharashtra Regional and Town Planning Act, 1966 – Section 127; Constitutional Law – Article 300-A (right to property)

1. Heading of the judgment

High court of judicature at bombay nagpur bench

Writ petition no. 6726 of 2025

Subhashchandra hukumchand khurana (petitioner) vs. State of maharashtra & ors. (respondents)

Coram: hon’ble mr. justice anil s. kilor and hon’ble mr. justice raj d. wakode (division bench)

Date: 29th april, 2026

2. Legal framework

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