Case Note & Summary
The petitioner, Sumanbai Uttam Gadekar, is the owner of land bearing Gut No.179 (Hissa No.1+9B/A) old Survey No.759 situated at Sangamner, District Ahmednagar, towards the Southern side of Kolhar-Ghoti State Highway. The land was reserved in the final Development Plan of Sangamner for a Public Health Center at Sr. No.85, as per a notice published on 06.04.2005 by Respondent No.3 Municipal Council. Despite the reservation, the Municipal Council did not take steps for acquisition of the land under Section 126 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). Consequently, on 12.11.2018, the petitioner issued a purchase notice under Section 127 of the MRTP Act, calling upon the respondents to acquire the land or release it from reservation. Since no acquisition proceedings were initiated within ten years from the date of the notice, the petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation has lapsed. The court, after hearing the parties, held that the reservation had indeed lapsed under Section 127 of the MRTP Act. The court directed the respondents to issue a notification under Section 127(2) within three months, failing which the land would be deemed to be released from reservation and the petitioner could use it for any purpose as per the development plan. The court also ordered the respondents to pay costs of Rs. 25,000 to the petitioner.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 MRTP Act, 1966 - Purchase Notice - The petitioner, owner of land reserved for Public Health Center, issued a purchase notice under Section 127 on 12.11.2018. Since the respondent Municipal Council failed to acquire the land within ten years from the date of the notice, the reservation is deemed to have lapsed. The court held that the land is released from reservation and the petitioner is entitled to use it for any purpose as per the development plan. (Paras 1-10) B) Town Planning - Obligation of Planning Authority - Section 126 MRTP Act, 1966 - Acquisition - The planning authority is obligated to take steps for acquisition of reserved land within a reasonable time. Failure to do so within ten years from the date of purchase notice results in lapsing of reservation. The court directed the respondents to issue a notification under Section 127(2) within three months. (Paras 5-10)
Issue of Consideration
Whether the reservation on the petitioner's land under the final Development Plan has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-completion of acquisition within ten years from the date of the notice under Section 127.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioner's land has lapsed under Section 127 of the MRTP Act. The respondents were directed to issue a notification under Section 127(2) within three months, failing which the land would be deemed released from reservation and the petitioner could use it for any purpose as per the development plan. Costs of Rs. 25,000 were awarded to the petitioner.
Law Points
- Lapsing of reservation under Section 127 MRTP Act
- 1966
- Non-acquisition within ten years
- Purchase notice
- Release of land from reservation
- Obligation of planning authority to acquire or release
