Case Note & Summary
The petitioners, owners of land bearing Survey No.34/3/5/2 at Village Ambegaon, Budruk, Pune, sought a declaration that the reservation of their land as Playground PG-32 had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The reservation was notified on 2nd/5th March 2012. The petitioners issued a purchase notice on 2nd November 2022 under Section 127(1). They argued that since the reservation was effected in 2012, the old provision providing a six-month period for acquisition after the purchase notice applied, and that period had expired on 2nd May 2023. The Pune Municipal Corporation (PMC) contended that the petition was premature because the amended Section 127(1), which substituted 'twenty-four months' for 'twelve months' with effect from 29th August 2015, applied. The PMC had passed a resolution on 30th September 2024 and sent a proposal to the District Collector on 30th January 2025, within 24 months of the purchase notice. The court examined Section 127 and noted that the period was amended from 6 months to 12 months and then to 24 months with effect from 29th August 2015. The court rejected the petitioners' argument that the old period applied, holding that once the Act is amended, the provision as it stands on the date of the purchase notice governs. Since the purchase notice was issued on 2nd November 2022, the applicable period was 24 months, which had not expired when the petition was filed on 5th July 2023. The court dismissed the petition as premature.
Headnote
A) Town Planning - Reservation Lapse - Purchase Notice Period - Section 127(1) of Maharashtra Regional and Town Planning Act, 1966 - The court considered whether the period for acquisition after a purchase notice is governed by the provision as it stood on the date of the reservation notification or on the date of the purchase notice. The court held that once the Act is amended, the amended period (24 months) applies to a notice issued after the amendment, not the old period (6 months) based on the date of reservation. (Paras 5-7) B) Town Planning - Amendment - Prospective Operation - Section 127(1) of Maharashtra Regional and Town Planning Act, 1966 - The court held that reliance on a notification prior to the amendment cannot be considered; the amended provision applies to notices issued after the amendment. The petition was dismissed as premature because the 24-month period had not expired. (Paras 6-8)
Issue of Consideration
Whether the period of six months under the old Section 127(1) of the MRTP Act, 1966 applies to a purchase notice issued after the amendment increasing the period to 24 months, or whether the amended period applies.
Final Decision
The court dismissed the petition as premature, holding that the amended period of 24 months under Section 127(1) of the MRTP Act applies to the purchase notice issued on 2nd November 2022, and the petition was filed before the expiry of that period.
Law Points
- Section 127 of MRTP Act
- 1966
- amendment prospective
- purchase notice period
- date of notice governs applicable period
- reservation lapse
- premature petition
