Case Note & Summary
The petitioner, Irfan Allabaksh Shaikh, owned land bearing CTS No. 6167 in Siddheshwar Peth, Solapur, which was reserved as a playground (site No. 319) in the development plan published on 16 January 1978 under the Maharashtra Regional and Town Planning (MRTP) Act, 1966. The land admeasured 5070 sq. meters. The Solapur Municipal Corporation did not acquire the land within the statutory period of 10 years from the date of the development plan. On 6 January 2016, the petitioner issued a notice under Section 127 of the MRTP Act to the Municipal Corporation, calling upon them to acquire the land or release it from reservation. The Assistant Engineer of the Municipal Corporation, by order dated 6 June 2016, refused building permission on the ground that the land was affected by the playground reservation. The petitioner then filed an appeal before the Additional Secretary, Town Planning Department, State of Maharashtra, who by order dated 6 April 2018 rejected the notice as premature by 30 days, holding that the notice was issued before the expiry of the 10-year period from the date of the draft development plan. The petitioner challenged both orders by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court examined the provisions of Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within 10 years from the date of the development plan, the owner may serve a notice on the authority to acquire the land; if no steps are taken within 12 months, the reservation lapses. The court noted that the development plan was published on 16 January 1978, and the 10-year period expired on 15 January 1988. The notice under Section 127 was issued on 6 January 2016, which was well after the expiry of the 10-year period. The court held that the notice was not premature because the 10-year period had already expired. The court further held that the reservation had lapsed due to non-acquisition, and the petitioner was entitled to have the land released from reservation. The court set aside the impugned orders and directed the respondents to consider the petitioner's application for building permission afresh within 60 days, in accordance with law, without reference to the reservation.
Headnote
A) Town Planning - Reservation of Land - Lapse of Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - The petitioner's land was reserved as a playground in the development plan published on 16 January 1978. The Municipal Corporation failed to acquire the land within 10 years. The petitioner issued a notice under Section 127 on 6 January 2016. The Assistant Engineer refused building permission on 6 June 2016 citing the reservation. The Additional Secretary rejected the notice as premature by 30 days. The High Court held that the notice was not premature because the 10-year period had already expired, and the reservation had lapsed. The court directed the respondents to consider the building permission application afresh within 60 days. (Paras 1-13) B) Town Planning - Notice under Section 127 - Premature Notice - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - The Additional Secretary rejected the notice as premature by 30 days, but the court found that the 10-year period for acquisition had expired long before the notice. The court held that the notice was valid and the reservation had lapsed. (Paras 4-13)
Issue of Consideration
Whether the notice under Section 127 of the MRTP Act, 1966 was premature when the 10-year period for acquisition had already expired, and whether the petitioner is entitled to building permission after the reservation lapsed.
Final Decision
The High Court allowed the writ petition, set aside the order dated 6 June 2016 passed by the Assistant Engineer and the order dated 6 April 2018 passed by the Additional Secretary. The court directed the respondents to consider the petitioner's application for building permission afresh within 60 days, in accordance with law, without reference to the reservation.
Law Points
- Reservation of land for public purpose
- Acquisition of reserved land
- Lapse of reservation under Section 127 of MRTP Act
- Premature notice
- Right to develop after lapse of reservation
