Case Note & Summary
The petitioners, legal heirs of the original owner Madhavrao Bhagwatrao Rajebahadur, filed a writ petition under Article 226 of the Constitution of India seeking a direction to delete and de-reserve their lands bearing Survey No. 237/1 and part of Survey No. 230/1 situated at Malegaon, within the limits of Malegaon Municipal Corporation. The lands were reserved under Reservation No. 60 of the Final Development Plan published by the Municipal Corporation. The petitioners contended that despite the reservation, the respondents (State of Maharashtra, Collector, Special Land Acquisition Officer, Municipal Commissioner, and Malegaon Municipal Corporation) had failed to initiate or complete acquisition proceedings within the statutory period of ten years from the date of the final development plan. The petitioners sought a writ of mandamus to de-reserve the land, relying on Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), which provides that if land reserved for a public purpose is not acquired within ten years, the reservation lapses and the land becomes available to the owner for any purpose permissible under the development plan. The court noted that an interim order had been passed on 05/12/2006. During the hearing, the petitioners' counsel sought and was granted leave to delete the names of Respondent Nos. 4 and 5 (Municipal Commissioner and Malegaon Municipal Corporation) from the cause title. The court, after hearing the parties, held that the acquisition proceedings had not been completed within the ten-year period, and therefore the reservation had lapsed. The court allowed the petition, directing the respondents to de-reserve the land and permit the petitioners to use it for any purpose permissible under the development plan. The court also disposed of the pending civil application.
Headnote
A) Town Planning - De-reservation of Land - Section 127 Maharashtra Regional and Town Planning Act, 1966 - Lapse of Reservation - The petitioners sought de-reservation of their land reserved for a public purpose under the final development plan. The court held that since the acquisition proceedings were not completed within ten years from the date of the final development plan, the reservation had lapsed under Section 127 of the MRTP Act. The court directed the respondents to de-reserve the land and allow the petitioners to use it for any purpose permissible under the development plan. (Paras 3-6) B) Constitutional Law - Writ of Mandamus - Article 226 Constitution of India - Direction to Statutory Authority - The court issued a writ of mandamus directing the respondents to delete the reservation and de-reserve the petitioners' land. The court relied on the statutory scheme under Section 127 of the MRTP Act, which provides for automatic lapse of reservation if acquisition is not completed within the prescribed period. (Paras 3-6)
Issue of Consideration
Whether the petitioners are entitled to de-reservation of their land reserved under the development plan due to non-completion of acquisition proceedings within the statutory period of ten years under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the writ petition, directing the respondents to delete the reservation and de-reserve the petitioners' land. The petitioners are permitted to use the land for any purpose permissible under the development plan. The civil application was disposed of.
Law Points
- De-reservation of land
- Lapse of reservation
- Failure to acquire within ten years
- Section 127 MRTP Act
- Writ of mandamus
- Article 226 Constitution of India
