Quick Summary: On November 25, 2025, the Bombay High Court decided in favor of Niyojit Siddhivinayak Gruhnirman Sanstha, saying that the plan to use certain lands in Marjewadi for burial and cremation grounds is no longer valid.
Who’s Involved?
The case was filed by Niyojit Siddhivinayak Gruhnirman Sanstha, with Mr. Ravikant Parmeshwar Patil as their lawyer, against the State of Maharashtra and the Solapur Municipal Corporation.
Where and When?
The case was heard at the High Court in Bombay, specifically at the Kolhapur branch. The decision was made on November 25, 2025.
Reservation Details
The lands in Marjewadi, Solapur, were set aside for burial and cremation grounds according to the Development Plan from 1997-2017. The land was supposed to be taken over by 2014, but this didn't happen.
Petitioner’s Stand
The petitioner sent a notice on March 8, 2021, saying the plan to use the land had expired because no action was taken by March 7, 2022.
Petitioner’s Argument
Dr. Ramdas Sabban said that the plan to use the land was no longer valid because the authorities did nothing. The petitioner had provided all necessary papers, and the plan couldn't be extended without following the rules.
Respondent’s Argument
Mr. A. S. Rao, speaking for the Solapur Municipal Corporation, argued that the notice was faulty because it didn't describe the land well and some documents were missing.
Legal Framework
The court looked at Section 127 of the Maharashtra Regional and Town Planning Act, 1966, which requires the land to be taken over within a certain time after a notice is given.
Judges’ Conclusion
Justices M. S. Karnik and Ajit B. Kadethankar decided that the notice was okay and the plan to use the land had expired. They pointed out that the authorities can't say the notice was faulty if they didn't act in time.
Court’s Order
- The court told the authorities to announce that the plan to use the land is no longer valid within six weeks.
- The land should be made available for development and given to the petitioner.
- The Solapur Municipal Corporation must allow development according to the law.
This decision highlights the need for the government to act on time when taking over land and clarifies what is expected under the MRTP Act.
