Case Note & Summary
The petitioners, Prabhakar Ramdas Kale and others, filed a writ petition before the Bombay High Court at Aurangabad seeking a declaration that their land, Gat No.27/3 admeasuring 2 H 06 R situated at Khedi Budruk, Taluka & District Jalgaon, is free from reservation no. 223 (Play Ground) as reserved in the final development plan of Jalgaon (Additional Area). They also sought a direction to the respondents to notify the lapsing of reservation by publishing a notification in the Official Gazette under Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The development plan was published on 10.08.2004 and came into force on 01.10.2004. The petitioners contended that despite the lapse of more than ten years, the respondents had not acquired the land or taken any steps for acquisition. The respondents, including the State of Maharashtra, Collector Jalgaon, Director of Town Planning, Assistant Director of Town Planning, and Jalgaon City Municipal Corporation, did not oppose the petition. The court, after hearing the parties, observed that the reservation had lapsed under Section 127 of the MRTP Act as the acquisition was not completed within the statutory period. The court allowed the petition, declaring that the land is free from reservation and directed the respondents to publish a notification under Section 127(2) of the MRTP Act forthwith. Rule was made absolute with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to acquire land within ten years - The petitioners' land was reserved as a Play Ground in the final development plan of Jalgaon (Additional Area) published on 10.08.2004 and effective from 01.10.2004. Despite the lapse of more than ten years, the respondents did not acquire the land or take any steps for acquisition. The court held that the reservation has lapsed under Section 127 of the MRTP Act, and the petitioners are entitled to a declaration that the land is free from reservation and a direction to the respondents to publish a notification under Section 127(2) of the MRTP Act. (Paras 1-8) B) Town Planning - Direction to Notify Lapsing - Section 127(2) of Maharashtra Regional and Town Planning Act, 1966 - Upon lapsing of reservation, the court directed the respondents to publish a notification in the Official Gazette under Section 127(2) of the MRTP Act forthwith, declaring that the land is free from reservation. (Para 8)
Issue of Consideration
Whether the reservation on the petitioners' land has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 due to non-acquisition within the prescribed period, and whether the petitioners are entitled to a declaration that the land is free from reservation and a direction to the respondents to notify the lapsing.
Final Decision
The court allowed the writ petition, declaring that the land Gat No.27/3 admeasuring 2 H 06 R situated at Khedi Budruk, Taluka & District Jalgaon, is free from reservation no. 223 (Play Ground) as reserved in the final development plan of Jalgaon (Additional Area). The court directed the respondents to publish a notification in the Official Gazette under Section 127(2) of the MRTP Act forthwith. Rule made absolute with no order as to costs.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Failure to acquire land within statutory period
- Declaration of land free from reservation
- Direction to publish notification under Section 127(2)
