Case Note & Summary
The petitioners, owners of land bearing Gut No. 114 in Village Pimprala, Jalgaon, within the municipal limits of Jalgaon Municipal Corporation, sought a declaration that their land, reserved for a 'Primary School' under Reservation No. 111, stood released from reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. They also sought a mandamus directing the State to issue a notification under Section 127(2) of the Act. The petitioners had issued a purchase notice on 29/10/2016. The acquiring body (Municipal Corporation) offered Transferable Development Rights (TDR) in response, and the petitioners initially consented by letter dated 02/01/2017. However, due to the acquiring body's delay in finalizing the TDR and publishing a public notice only on 28/08/2020, the petitioners withdrew their consent on 30/09/2020. The court held that the land stood released from reservation as the acquiring body failed to acquire the land within the statutory period. The withdrawal of consent was valid because the offer of TDR was not finalized and the delay was attributable to the acquiring body. The court directed the State to issue a notification under Section 127(2) of the MRTP Act, 1966, releasing the land from reservation.
Headnote
A) Town Planning - Reservation - Deemed Release - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Land reserved for 'Primary School' - Petitioners issued purchase notice under Section 127 - Acquiring body offered TDR, petitioners initially consented but later withdrew consent due to delay - Held that the land stood released from reservation as the acquiring body failed to acquire the land within the statutory period, and the withdrawal of consent was valid as the offer of TDR was not finalized (Paras 1-10).
Issue of Consideration
Whether the petitioners' land reserved for a primary school stood released from reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to the failure of the acquiring body to acquire the land within the prescribed period, and whether the petitioners' withdrawal of consent for TDR was valid.
Final Decision
The court allowed the writ petition, declaring that the land stood released from reservation, and directed the State to issue a notification under Section 127(2) of the MRTP Act, 1966, releasing the land from reservation.
Law Points
- Section 127 of Maharashtra Regional and Town Planning Act
- 1966
- Purchase Notice
- Deemed Release
- Transferable Development Rights (TDR)
- Withdrawal of Consent
Case Details
2024 LawText (BOM) (04) 4
Writ Petition No. 8360 of 2023
Ravindra V. Ghuge, R.M. Joshi
Mr. A.P. Bhandari for Petitioners, Mr. P.K. Lakhotiya for Respondent Nos. 1 to 3 and 7, Mr. L.V. Sangit for Respondent Nos. 4 and 5
Sau. Minakshi Pramod Sonar and Mr. Ramchandra Daulat Patil
The State of Maharashtra and others
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Nature of Litigation
Writ petition seeking declaration that land stood released from reservation and mandamus for notification under Section 127(2) of MRTP Act.
Remedy Sought
Petitioners sought a declaration that their land stood released from reservation for 'Primary School' and a direction to the State to issue a notification under Section 127(2) of the MRTP Act, 1966.
Filing Reason
The acquiring body failed to acquire the land within the statutory period after the purchase notice, and the petitioners withdrew consent for TDR due to delay.
Issues
Whether the land reserved for 'Primary School' stood released from reservation under Section 127 of the MRTP Act, 1966?
Whether the petitioners' withdrawal of consent for TDR was valid?
Submissions/Arguments
Petitioners argued that the land stood released from reservation as the acquiring body failed to acquire the land within the statutory period after the purchase notice dated 29/10/2016.
Respondents argued that the petitioners had consented to accept TDR, and the acquiring body had taken steps to acquire the land.
Ratio Decidendi
Under Section 127 of the MRTP Act, 1966, if the acquiring body fails to acquire the land within the prescribed period after a purchase notice, the land stands released from reservation. The landowner's withdrawal of consent for TDR is valid if the acquiring body delays the process and the offer of TDR is not finalized.
Judgment Excerpts
On 15.03.2024, after this matter was heard for quite some time, we had passed the following order :-
the land owner consenting to accept the TDR by a communication dated 02/01/2017 in the backdrop of the purchase notice dated 29/10/2016, the Acquiring Body publishing a public notice in the newspaper on 28/08/2020, calling for objections, and the delay caused compelled the Petitioner to withdraw the consent for accepting TDR by a communication dated 30/09/2020, will have to be gone into.
Procedural History
The petitioners filed Writ Petition No. 8360 of 2023 before the Bombay High Court, Bench at Aurangabad. The matter was heard on 15.03.2024, and an order was passed. The final judgment was delivered on 17.04.2024.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127, 127(2)
