Case Note & Summary
The petitioners, owners of land in Mohpa, Nagpur, filed a writ petition challenging the continued reservation of their land for a weekly market and shops under the Maharashtra Regional and Town Planning Act, 1966. The land was reserved in the final development plan published on 20/09/1973. No acquisition steps were taken. A revised development plan was published on 31/03/2012, which maintained the reservation. The petitioners served a purchase notice under Section 127 of the Act on 28/02/2019, after more than ten years from the final development plan but within ten years from the revised development plan. The respondents contended that the purchase notice was premature as the ten-year period from the revised development plan had not expired. The Court analyzed Section 127 and relevant precedents, holding that the statutory period of ten years for serving a purchase notice is to be computed from the date of the final development plan, not the revised development plan. Since the purchase notice was served after ten years from the final development plan, the reservation lapsed. The Court allowed the petition, directing the respondents to de-reserve the land and consider the purchase notice as a deemed permission for development.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The issue was whether a purchase notice given after ten years from the final development plan but within ten years from the revised development plan triggers lapsing of reservation. The Court held that the period of ten years for serving a purchase notice under Section 127 is to be reckoned from the date of the final development plan, not the revised development plan, and if the purchase notice is served after that period, the reservation lapses. (Paras 2, 10-15)
Issue of Consideration
Whether the legal fiction of lapsing of reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 applies when a purchase notice is given after the statutory period of ten years from the final development plan but before expiry of ten years from the date of the revised development plan.
Final Decision
The Court allowed the writ petition, holding that the reservation on the petitioners' land lapsed under Section 127 of the MRTP Act. The respondents were directed to de-reserve the land and treat the purchase notice as a deemed permission for development.
Law Points
- Lapsing of reservation
- Purchase notice
- Section 127 MRTP Act
- Revised development plan
- Statutory period
- Legal fiction
Case Details
2023 LawText (BOM) (05) 54
Writ Petition No. 1700 of 2019
A.S. Chandurkar, M.W. Chandwani
Mr. S.S. Deshpande for Petitioners, Mr. A.A. Madiwale for Respondent Nos.1 & 2, Mr. M.I. Dhatrak for Respondent Nos.3 & 4
Mandakini Ruprao Khangar, Sharad s/o Kisanrao Chandekar, Hrudayshree Ruprao Khangar
The State of Maharashtra, The Hon’ble Collector, Nagpur, Chief Officer, Municipal Council, Nagar Parishad Mohapa, Municipal Council, Mohpa
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Nature of Litigation
Writ petition challenging continued reservation of land under the Maharashtra Regional and Town Planning Act, 1966.
Remedy Sought
Petitioners sought declaration that reservation on their land had lapsed due to non-acquisition and that they were entitled to develop the land.
Filing Reason
Respondents failed to acquire the land despite reservation for over ten years from the final development plan.
Issues
Whether the legal fiction of lapsing of reservation under Section 127 of the MRTP Act applies when a purchase notice is given after ten years from the final development plan but before ten years from the revised development plan.
Submissions/Arguments
Petitioners argued that the ten-year period for serving a purchase notice under Section 127 is to be reckoned from the date of the final development plan, and since they served the notice after that period, the reservation lapsed.
Respondents contended that the purchase notice was premature as the ten-year period from the revised development plan had not expired.
Ratio Decidendi
The period of ten years for serving a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 is to be computed from the date of the final development plan, not the revised development plan. If the purchase notice is served after that period, the reservation lapses by legal fiction.
Judgment Excerpts
Whether the legal fiction of lapsing of reservation provided under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 would apply in a case where a purchase notice under Section 127 of the Act is given after statutory period of ten years from the final development plan, but before expiry of ten years from the date of revised development plan, is a question raised in this petition.
Procedural History
The petitioners filed Writ Petition No. 1700 of 2019 before the Bombay High Court, Nagpur Bench. The petition was reserved on 26th April 2023 and pronounced on 4th May 2023.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127, Section 38
