Case Note & Summary
This second appeal arose from concurrent judgments and decrees of lower courts declaring that the reservation on the suit property, owned by the respondent-plaintiff, had lapsed effective 1 September 2012. The property was reserved for a primary school under a sanctioned town planning scheme. The plaintiff served a notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), and when the acquiring body—the appellant Municipal Council—failed to take steps to acquire the land, he filed a suit for declaration of lapsing. The trial court and first appellate court both held that due to the lack of any action to acquire the reserved land, the reservation had lapsed. Before the High Court, the appellant contended that the town planning scheme of 1975 was approved and that a revised scheme received final government approval in 2005, coming into effect from 27 June 2005, thereby preventing lapsing. Additionally, the appellant raised a jurisdictional objection under Section 149 of the MRTP Act, arguing that the Civil Court had no jurisdiction to entertain the suit. The High Court heard submissions from both sides, including the appellant's emphasis on the revised scheme and the jurisdictional bar. The matter involved the interpretation of Section 127 concerning deemed lapsing of reservation and the effect of a subsequent revised scheme, as well as the scope of the Civil Court's jurisdiction under Section 149. The outcome of the appeal, however, is not contained in the available text.
Headnote
A) Town and Country Planning - Lapsing of Reservation - Failure to Acquire - Maharashtra Regional and Town Planning Act, 1966, Section 127 - The suit property was reserved for primary school under the sanctioned town planning scheme; despite notice under Section 127, the acquiring body failed to take steps to acquire the land; consequently, lower courts concurrently declared the reservation deemed lapsed from 1 September 2012; the appellant's contention that the revised scheme approval in 2005 precluded lapsing was rejected. (Paras 1-3) B) Civil Procedure - Jurisdiction of Civil Courts - Statutory Bar - Maharashtra Regional and Town Planning Act, 1966, Section 149 - The appellant raised a jurisdictional challenge, asserting that Section 149 of the Act ousts the Civil Court's jurisdiction over matters relating to the town planning scheme; this issue was argued before the High Court in the second appeal. (Paras 3)
Issue of Consideration
Whether the reservation on the suit property is deemed to have lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and whether the Civil Court's jurisdiction is barred under Section 149 of the said Act.
Law Points
- lapsing of reservation
- deemed lapse
- Section 127 MRTP Act
- jurisdictional bar
- Section 149 MRTP Act
- concurrent findings
- town planning scheme
