Case Note & Summary
The petitioners, owners of land bearing Sy. No. 466/2+3 at village Mehrun, Jalgaon, filed a writ petition under Article 226 of the Constitution seeking a declaration that the reservation on their land for a 18-meter wide road had lapsed under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The land was originally part of a layout approved in 1997 when the local authority was a Municipal Council. Subsequently, a development plan was sanctioned in two phases: first on 07.03.2002 and then on 10.08.2004, reserving 1421.75 square meters of the petitioners' land for the road. Despite the lapse of over ten years from the sanction of the development plan, the respondent Municipal Corporation failed to initiate any acquisition proceedings under Section 126 of the MRTP Act read with the Land Acquisition Act. The petitioners contended that the reservation had lapsed automatically under Section 127(1), which provides that if land reserved for a public purpose is not acquired within ten years from the date of the development plan, the reservation ceases to have effect and the land reverts to the owner. The respondents argued that the development plan was sanctioned in two phases and that the ten-year period should be calculated from the later date, but they did not dispute that no acquisition proceedings had been initiated. The court, after hearing the parties, held that the reservation had indeed lapsed. It observed that the language of Section 127(1) is clear and mandatory: if the planning authority does not acquire the land within ten years, the reservation lapses. The court rejected any argument that the period should be extended or that the petitioners should have given notice. Consequently, the court allowed the petition, declaring that the reservation on the petitioners' land had lapsed and directing the respondents to release the land from reservation and not to interfere with the petitioners' use of the land. The court also made the rule absolute and disposed of the petition.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127(1) MRTP Act, 1966 - Non-Acquisition - The petitioners sought declaration that reservation on their land for a road had lapsed as no acquisition proceedings were initiated within ten years from the date of sanction of the development plan. The court held that the reservation lapses automatically under Section 127(1) if the planning authority fails to acquire the land within ten years, and the owner is entitled to use the land as if no reservation existed. (Paras 2-6) B) Town Planning - Acquisition - Section 126 MRTP Act, 1966 - Initiation of Proceedings - The court noted that mere inclusion in the development plan does not constitute initiation of acquisition; actual steps under Section 126 read with the Land Acquisition Act are required. Since no such steps were taken, the reservation lapsed. (Paras 3-5) C) Constitutional Law - Writ Jurisdiction - Article 226 - Declaration of Lapsing - The court exercised its writ jurisdiction to declare the reservation as lapsed, directing the respondents to release the land from reservation and not to interfere with the petitioners' use of the land. (Para 6)
Issue of Consideration
Whether the reservation on the petitioners' property under the development plan has lapsed under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966, due to non-initiation of acquisition proceedings within ten years from the date of sanction of the development plan.
Final Decision
The court allowed the petition, declaring that the reservation on the petitioners' land bearing Sy. No. 466/2+3 of village Mehrun to the extent of 1421.75 square meters reserved for 18 meter wide development plan road has lapsed under Section 127(1) of the MRTP Act. The respondents were directed to release the land from reservation and not to interfere with the petitioners' use of the land. Rule made absolute.
Law Points
- Lapsing of reservation under Section 127(1) of MRTP Act
- 1966
- Non-acquisition within ten years
- Right of owner to seek declaration of lapsing
- No requirement of prior notice to planning authority
