Case Note & Summary
The petitioner, Gopal Kashinath Lad (Kele), filed a writ petition under Article 226 of the Constitution of India seeking a declaration that his land, Survey No.76/2-1 to 5 + Survey No.76/1-4 admeasuring 3039 sq. mtrs. in Dhule, was free from reservation as a children's playground under the development plans of 1986 and 2015. The land was originally owned by Shenphadu Tukaram Bhai and others, who executed a notarized power of attorney in favor of Rajendra Vasantrao Sonar on 24/07/1999, authorizing him to take steps to free the land from reservation. On 29/12/2000, the power of attorney holder issued a purchase notice under Section 127 of the Maharashtra Regional Town Planning (MRTP) Act, 1966, to the Municipal Council, Dhule. The Municipal Council submitted a proposal for acquisition to the Collector on 15/06/2001, but no further action was taken. The petitioner purchased the land from the original owners via a registered sale deed on 20/04/2005. The respondents failed to acquire the land within 12 months of the purchase notice or initiate acquisition proceedings within 24 months. The court held that the reservation lapsed under Section 127 of the MRTP Act, and the land is deemed to be released from reservation. The court directed the respondents to notify the de-reservation in the Official Gazette under Section 127(2) of the MRTP Act and quashed the order dated 29/07/2017 passed by respondent no. 4.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional Town Planning Act, 1966 - Purchase Notice - The petitioner's land was reserved for a children's playground in the 1986 development plan and continued in the 2015 plan. A purchase notice was issued on 29/12/2000 by the power of attorney holder of the original owners. The respondent failed to acquire the land within 12 months or initiate acquisition proceedings within 24 months. Held that the reservation lapsed and the land is deemed to be released from reservation. (Paras 1-10)
B) Power of Attorney - Validity of Purchase Notice - Section 127 of MRTP Act, 1966 - Ratification - The purchase notice was issued by a power of attorney holder under a notarized but unregistered power of attorney. The original owners subsequently executed a registered sale deed in favor of the petitioner, ratifying the action. Held that the purchase notice was valid and the petitioner, as successor-in-interest, can enforce the lapsing of reservation. (Paras 5-8)
C) Town Planning - De-reservation - Section 127 of MRTP Act, 1966 - Failure to Acquire - The respondent did not acquire the land or commence acquisition proceedings within the statutory period after the purchase notice. Held that the reservation lapsed and the land is free from reservation. The court directed the respondents to notify the de-reservation in the Official Gazette under Section 127(2) of the MRTP Act. (Paras 9-10)
Issue of Consideration
Whether the reservation of the petitioner's land for a children's playground under the development plan has lapsed due to non-acquisition within the statutory period, and whether the purchase notice issued by the power of attorney holder was valid.
Final Decision
The court allowed the writ petition. It declared that the reservation of the petitioner's land (southern side plot in reservation site no. 35/site no. 47) has lapsed and the land is free from reservation. The court directed the respondents to notify the de-reservation in the Official Gazette under Section 127(2) of the MRTP Act, 1966, and quashed the order dated 29.07.2017 passed by respondent no. 4.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Validity of purchase notice by power of attorney holder
- Ratification by original owners
- Failure to acquire land within statutory period
- De-reservation and release of land
Case Details
2023 LawText (BOM) (08) 18
Writ Petition No. 10044 of 2018
Ravindra V. Ghuge, Y.G. Khobragade
Mr. Subodh P. Shah for Petitioner, Mr. P.K. Lakhotiya, AGP for Respondent/State, Mr. Amol S. Sawant for Respondent No.4
Gopal Kashinath Lad (Kele)
The State of Maharashtra, The Collector, Dhule, Assistant Director, Town Planning Department, Dhule Municipal Corporation, Dhule Municipal Corporation through its Commissioner
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking declaration that land is free from reservation and for de-reservation notification.
Remedy Sought
Declaration that the southern side plot in reservation site no. 35 (later site no. 47) is free from reservation; direction to respondents to notify de-reservation in Official Gazette under Section 127(2) of MRTP Act; quashing of order dated 29.07.2017 passed by respondent no. 4.
Filing Reason
The petitioner's land was reserved for a children's playground in the development plans of 1986 and 2015. Despite a purchase notice issued on 29/12/2000, the respondents failed to acquire the land within the statutory period, leading to lapsing of reservation.
Previous Decisions
The respondent no. 4 passed an order dated 29.07.2017, which the petitioner seeks to quash.
Issues
Whether the reservation of the petitioner's land for a children's playground under the development plan has lapsed due to non-acquisition within the statutory period under Section 127 of the MRTP Act, 1966?
Whether the purchase notice issued by the power of attorney holder was valid and binding on the respondents?
Submissions/Arguments
Petitioner argued that the purchase notice was validly issued by the power of attorney holder authorized by the original owners, and the respondents failed to acquire the land within 12 months or initiate proceedings within 24 months, causing the reservation to lapse.
Respondents argued that the power of attorney was not registered and thus the purchase notice was invalid; also that the proposal for acquisition was submitted to the Collector.
Ratio Decidendi
Under Section 127 of the MRTP Act, 1966, if land reserved for a public purpose is not acquired within 12 months of a purchase notice or if acquisition proceedings are not commenced within 24 months, the reservation lapses and the land is deemed to be released. A purchase notice issued by a power of attorney holder is valid if the original owners ratify the action, and the successor-in-interest can enforce the lapsing.
Judgment Excerpts
In this petition under Article 226 of the Constitution of India, the Petitioner has put-forth prayer clause- A, B and C as under: ...
On 17/10/1986, the Final Development plan for Dhule was sanctioned and the said land was reserved vide Site No. 35 for Children’s playground.
Therefore, on the basis of authorisation by the original land owners, Shri Rajendra Vasantrao Sonar issued a purchase notice on 29/12/2000 claiming to be the owner of the petition land and referred to this notarized Power of Attorney.
Thereafter, on 15/06/2001, the Respondent No. 4 Municipal Council Dhule submitted a proposal to the collector for acquisition of land pursuant to the purchase notice.
Procedural History
The original owners executed a notarized power of attorney on 24/07/1999. The power of attorney holder issued a purchase notice on 29/12/2000. The Municipal Council submitted a proposal for acquisition on 15/06/2001. The petitioner purchased the land on 20/04/2005. The respondents failed to acquire the land. The petitioner filed the present writ petition in 2018. The court reserved judgment on 03.08.2023 and pronounced on 22.08.2023.
Acts & Sections
- Maharashtra Regional Town Planning Act, 1966: 127, 127(2)
- Constitution of India: 226
