Case Note & Summary
The petitioners, owners of land bearing Nazul Sheet No. 8A, Plot No. 2/1-36, total area 6240 sq. meters at Village Khel Khasa (Bk), Tah. Jalgaon Jamod, Dist. Buldhana, filed a writ petition under Article 226 of the Constitution of India. The Development Plan of Jalgaon Jamod City was published on 29.12.2005 and came into force on 15.01.2006, reserving the petitioners' land for a 12-meter DP road, playground (reservation no. 31), and primary school (reservation no. 32). After the lapse of 10 years, on 27.05.2019, the petitioners served a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) upon respondent 3 (Municipal Council, Jalgaon Jamod) to purchase the land within the statutory period. The statutory period of 24 months from the publication of declaration under Section 126(2) and (4) lapsed on 26.05.2021, but no action was taken by respondent 3. The petitioners sought a declaration that the reservation has lapsed and they are free to develop the land as per adjacent land use. The court, after hearing the parties, held that since no acquisition proceedings were initiated within the prescribed period, the reservation is deemed to have lapsed under Section 127 of the MRTP Act. The court allowed the petition, declaring the reservation lapsed and directing that the petitioners may develop the land in accordance with the development plan for adjacent lands.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 MRTP Act - Purchase Notice - The petitioners owned land reserved for road, playground, and primary school in the Development Plan of Jalgaon Jamod City published on 29.12.2005 and in force from 15.01.2006. After 10 years, they served a purchase notice under Section 127 on 27.05.2019. The statutory period of 24 months under Section 126(2) and (4) lapsed on 26.05.2021 without any acquisition. The court held that the reservation is deemed to have lapsed and the petitioners are entitled to develop the land as per adjacent land use. (Paras 3-6)
Issue of Consideration
Whether the reservation on the petitioners' land under the Development Plan has lapsed under Section 127 of the MRTP Act due to non-acquisition within the statutory period after service of purchase notice.
Final Decision
The court allowed the petition, declaring that the reservation on the petitioners' land for 12 meters DP road, playground (reservation no. 31), and primary school (reservation no. 32) has lapsed under Section 127 of the MRTP Act. The petitioners are free to develop the land in the manner permissible to adjacent land as per the Development Plan of Jalgaon Jamod City.
Law Points
- Section 127 MRTP Act
- Lapse of reservation
- Purchase notice
- Statutory period
- Development plan
- Acquisition
Case Details
2023 LawText (BOM) (01) 351
Writ Petition 8160 of 2022
Rohit B. Deo, Y. G. Khobragade
G. K. Mundhada for petitioners; N. S. Rao, AGP for respondents 1, 2 & 4/State; M. V. Bhute for respondent 3
Minadevi Shankarlalji Bhutada, Mahesh Bhagwandas Lalwani, Pratapsingh Ganuji Chauhan
The State of Maharashtra through Secretary, Urban Development Department; The Director of Town Planning, State of Maharashtra; The Municipal Council (M.C.)/ Nagar Parishad, Jalgaon Jamod through its Chief Officer; Assistant Director of Town Planner, Buldhana
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking declaration that reservation on land has lapsed under Section 127 of the MRTP Act.
Remedy Sought
Declaration that reservation for 12 meters DP road, playground (reservation no. 31), and primary school (reservation no. 32) on the petitioners' land has lapsed, and petitioners are free to develop the land as per adjacent land use.
Filing Reason
The petitioners served a purchase notice under Section 127 of the MRTP Act on 27.05.2019, but the respondent failed to acquire the land within the statutory period of 24 months, which lapsed on 26.05.2021.
Issues
Whether the reservation on the petitioners' land under the Development Plan has lapsed under Section 127 of the MRTP Act due to non-acquisition within the statutory period after service of purchase notice.
Submissions/Arguments
Petitioners argued that after service of purchase notice under Section 127, the respondent did not acquire the land within the statutory period of 24 months, hence the reservation is deemed to have lapsed.
Ratio Decidendi
Under Section 127 of the MRTP Act, if land reserved for a public purpose is not acquired within the statutory period of 24 months from the date of service of purchase notice, the reservation is deemed to have lapsed, and the owner is entitled to develop the land as per the adjacent land use.
Judgment Excerpts
By this petition under Article 226 of the Constitution of India, the petitioners are praying for declaration that reservation for 12 meters vide DP road, playground vide reservation no. 31 and primary school vide reservation no. 32 on the land owned by the petitioners ... has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966
After lapse of period of 10 years, on 27.05.2019 the petitioners served purchase notice under Section 127 of the MRTP Act ... The statutory period of 24 months of publication of declaration under Section 126(2) and (4) of the MRTP Act lapsed on 26.05.2021, but no action has been taken in respect of land in question by respondent 3.
Procedural History
The Development Plan was published on 29.12.2005 and came into force on 15.01.2006. After 10 years, on 27.05.2019, petitioners served purchase notice under Section 127 MRTP Act. The statutory period of 24 months lapsed on 26.05.2021. Petitioners then filed Writ Petition 8160 of 2022 before the Bombay High Court, Nagpur Bench, which was heard and decided on 03.02.2023.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127, Section 126(2), Section 126(4)
- Constitution of India: Article 226
