Case Note & Summary
The petitioner, Pralhad Tulsiram Bundele, owned land bearing Survey No.31/4, area 1.09 HR, at Village Khel Traymbak Narayan, Taluka Achalpur, District Amravati. The land was reserved for a garden (Reservation No.57) in the 1st revised development plan and for a playground in the excluded part of the development plan of Achalpur city. The petitioner filed a writ petition seeking a declaration that the reservation had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), as the respondents had not acquired the land within ten years from the date of the reservation. The petitioner also sought a direction to the respondents to notify the lapsing in the official gazette. The respondents opposed the petition, arguing that the reservation was still valid and that the petitioner had not made any representation for de-reservation. The High Court examined the provisions of Section 127 of the MRTP Act, which states that if land reserved for a public purpose is not acquired within ten years from the date of the reservation, the reservation lapses, and the landowner is free to develop the land. The Court found that the reservation was made in the 1st revised development plan, which came into effect on 24th October 2002, and more than ten years had elapsed without any acquisition proceedings. The Court rejected the respondents' argument that the petitioner should have made a representation, holding that the lapsing is automatic. The Court allowed the petition, declaring that the reservation had lapsed, and directed the respondents to issue a notification under Section 127(2) within eight weeks.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - The petitioner sought declaration that reservation on his land for garden and playground had lapsed as no acquisition proceedings were initiated within ten years from the date of reservation. The Court held that the reservation lapses automatically under Section 127 if no steps for acquisition are taken within the prescribed period, and the landowner becomes free to develop the land in accordance with the development plan. (Paras 1-27) B) Town Planning - Mandatory Duty to Notify Lapsing - Section 127(2) of MRTP Act - The Court directed the respondents to issue a notification under Section 127(2) within eight weeks, declaring that the reservation has lapsed, as the statutory obligation to notify arises once the period expires without acquisition. (Paras 25-27)
Issue of Consideration
Whether the reservation on the petitioner's land for garden and playground purposes has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-acquisition within the prescribed period, and whether the petitioner is entitled to a declaration to that effect.
Final Decision
The Court allowed the petition, declaring that the reservation on the petitioner's land for garden and playground purposes has lapsed under Section 127 of the MRTP Act. The respondents were directed to issue a notification under Section 127(2) within eight weeks, and the petitioner is free to develop the land in accordance with the development plan.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Non-acquisition within ten years
- Right to develop land after lapsing
- Mandatory duty to notify lapsing
