Writ Petition Seeking Declaration of Lapsed Reservation — Non-Acquisition of Land Within Stipulated Time — Relief Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 — Petition Allowed — State Directed to Issue Official Gazette Notification

Petition allowed — Reservation on the property declared lapsed — State directed to issue notification in the Official Gazette within six weeks.

Acts and Sections Discussed:

1. Constitution of India (COI) — Article 226 — Writ of Mandamus

2. Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 26, Section 31, Section 44, Section 45, Section 127(1), Section 127(2)

3. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (L.A. Act, 2013)

Subjects:

Reservation Lapsed — Development Permission — Non-Agricultural Use — Notification — Official Gazette — Lapse of Reservation — Planning Authority — Acquisition Proceedings — Purchase Notice — Monetary Compensation

Nature of Litigation:

Writ Petition filed under Article 226 of the Constitution of India seeking declaration that the reservation imposed on the Petitioners’ property had lapsed under Section 127 of the MRTP Act and direction to the State to publish notification in the Official Gazette.

Relief Sought by Petitioners: Declaration of lapse of Reservation Nos. 11/53 and 11/54 on Petitioners’ property and direction to the State to publish a notification under Section 127(2) of the MRTP Act.

Reason for Filing the Case: Failure of Respondent No.2 (Solapur Municipal Corporation) to take effective steps for acquisition of the Petitioners’ property within the statutory period of 24 months after service of purchase notice under Section 127(1) of the MRTP Act.

Prior Decisions: No effective steps were taken by Respondent No.2 despite multiple communications and submission of necessary documents by the Petitioners.

Issues:

1. Whether the reservation imposed on Petitioners’ property had lapsed under Section 127 of the MRTP Act?

2. Whether the State was obligated to notify the lapse of reservation in the Official Gazette?

Submissions/Arguments:

(a) Petitioners argued that the statutory period for acquisition expired without any effective steps being taken by the Planning Authority. (b) Respondent No.2 claimed non-receipt of necessary documents despite service of notice and subsequent submissions.

Ratio:

Failure to take effective steps for acquisition of reserved land within the stipulated statutory period results in automatic lapse of reservation under Section 127 of the MRTP Act — Legislative intent emphasized timely acquisition or release of land for owner’s use.