Bombay High Court

Bombay HC: Expired Land Plan Allows Kungulwar Family to Develop Solapur Property

Updated
Dec 20, 2025 2:56 PM
bombay-hc-expired-land-plan-allows-kungulwar-family-to-develop-solapur-property

Quick Summary: In a recent decision, the Bombay High Court sided with the Kungulwar family, saying that the plan for the land in Solapur has expired, allowing the family to use it as they want.

The People Involved

The case was between Dr. Dattatray Baburao Kungulwar and his family from Solapur, Maharashtra, and the State of Maharashtra and the Solapur Municipal Corporation. The decision was made by Judges M. S. Karnik and Ajit B. Kadethankar on November 25, 2025.

The Land in Question

The land in Solapur was originally set aside for public use as part of a plan from 1997 to 2017. The Kungulwar family owned this land, which was supposed to be taken over by the authorities within a certain period.

Important Dates

  • December 15, 2004: The Development Plan started.
  • 2014: The 10-year period for taking over the land ended.
  • February 7, 2022: The Kungulwar family sent a Purchase Notice.
  • February 6, 2024: Two years after the Purchase Notice ended without the land being taken over.

Arguments from Both Sides

  • Kungulwar Family: Said the plan expired because the authorities didn’t act. They turned down offers to swap development rights and wanted compensation instead.

  • State and Municipal Corporation: Said the Purchase Notice was not correct because it was missing documents. They offered a swap of development rights, which the family refused.

Court's Consideration

The court looked into whether the Purchase Notice was valid and if offering a swap of development rights was enough. They decided the notice was valid, and since the land wasn't taken over in time, the plan expired.

Conclusion and Orders

The court decided in favor of the Kungulwar family, stating:

  • The plan for the land has expired.
  • The family can now develop the land.
  • The authorities must announce this and allow the family to proceed with development according to the law.

Summary of the Verdict

The court's decision emphasizes the need for authorities to act on time when acquiring land and supports landowners' rights when deadlines are not met.