Case Note & Summary
The petitioners, owners of land bearing CTS No. 352 & 352A, Final Plot No. 131/1, 131/2 in Nashik, filed a writ petition under Article 226 of the Constitution seeking a declaration that Reservation No. 485 (Parking) on their land had lapsed. They contended that despite serving a purchase notice dated 8th July 2015 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, the authorities failed to take any steps for acquisition or purchase within the statutory period of 12 months. The court examined the provisions of Section 127 and noted that the respondents did not dispute the receipt of the notice or the failure to act. Consequently, the court allowed the petition, declaring the reservation lapsed and directing the respondents to release the land from reservation. The court also granted liberty to the petitioners to use the land in accordance with the development plan, subject to compliance with applicable laws.
Headnote
A) Town Planning - Reservation Lapse - Section 127 MRTP Act - Purchase Notice - The petitioners sought declaration that reservation on their land had lapsed as no steps for acquisition were taken within 12 months of purchase notice dated 8th July 2015. The court held that the reservation stood lapsed and the land was released from reservation. (Paras 1-10)
Issue of Consideration
Whether the reservation on the petitioners' land has lapsed due to failure of the authorities to take steps for acquisition within 12 months of the purchase notice under Section 127 of the MRTP Act.
Final Decision
The court allowed the petition, declared that the reservation on the land has lapsed, and directed the respondents to release the land from reservation. The petitioners are at liberty to use the land in accordance with the development plan, subject to compliance with applicable laws.
Law Points
- Reservation lapses if no acquisition steps taken within 12 months of purchase notice
- Section 127 MRTP Act
- Mandamus for release of reservation
Case Details
2023 LawText (BOM) (05) 46
Writ Petition No. 1093 of 2017
G. S. Kulkarni, Kamal Khata
Shrishailya S. Deshmukh for petitioners, Mrs. M. P. Thakur AGP for State/Respondent nos.1,3 and 5, Mr. Vaibhav Patanakar i/by Patankar & Associates for respondent nos.2 and 4
Sadashiv Tryambak Rajebahadur, Chandrakant Tryambak Rajebahadur, Nishikant Tryambak Rajebahadur, Madhusudan Tryambak Rajebahadur
State of Maharashtra, The Commissioner Nasik Municipal Corporation, The Assistant Director of Town Planning, The Municipal Secretary Nasik Municipal Corporation, The Collector
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Nature of Litigation
Writ petition under Article 226 seeking declaration of lapse of reservation on land.
Remedy Sought
Declaration that Reservation No. 485 on Final Plot No. 131/1 and 131/2 has lapsed and land be released from reservation.
Filing Reason
Authorities failed to take steps for acquisition within 12 months of purchase notice dated 8th July 2015.
Issues
Whether the reservation on the petitioners' land has lapsed due to failure of authorities to acquire within 12 months of purchase notice under Section 127 MRTP Act.
Submissions/Arguments
Petitioners argued that despite purchase notice dated 8th July 2015, no steps were taken for acquisition within 12 months, hence reservation lapsed.
Respondents did not dispute the receipt of notice or failure to act.
Ratio Decidendi
Under Section 127 of the MRTP Act, if no steps for acquisition are taken within 12 months of a purchase notice, the reservation lapses and the land is released from reservation.
Judgment Excerpts
By this Petition under Article 226 of the Constitution, the Petitioner seeks a Writ of Mandamus to declare that the Reservation No. 485 on Final Plot No. 131/1 and 131/2 in City Survey No. 352 & 352A has lapsed and consequently stand released from reservation since no steps have been taken by the concerned authorities for more than twenty years either for purchase or for acquisition of land under the Maharashtra Regional and Town Planning Act, 1966 and within a period of 12 months from the date of Purchase notice dated 8th July 2015 as contemplated under the Act.
Procedural History
The petitioners filed Writ Petition No. 1093 of 2017 before the Bombay High Court. The court reserved judgment on 21st April 2023 and pronounced on 4th May 2023.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
